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JOURNAL, 


ACTS AND PROCEEDINGS 


or a 




GENERAL CONVENTION 


or the 


STATE OF VIRGINIA, 


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^■nsntiCcJAve. ti$B-■* B 


ASSEMBLED AT RICHMOND, 


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ON MONDAY, THE FOURTEENTH DAY OF OCTOBER, EIGHTEEN HUNDRED 

AND FIFTY. 


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RICHMOND: 

WILLIAM CULLEY, PRINTER. 

1850. 

























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VIRGINIA CONVENTION. 


it a General Convention of Delegates from the various Convention dis¬ 
tricts of the Commonwealth of Virginia, begun and held at the capitol, 
in the City of Richmond, pursuant to law, on Monday the fourteenth 
day of October, eighteen hundred and fifty, and in the seventy-fifth year 
of the Commonwealth, the members present having taken their seats and 
a quorum appearing ; 

Mr. Johnston called the Convention to order, and on his motion Wil¬ 
liam O. Goode, Esq. was elected temporary chairman of the Convention, 
and accordingly took the chair. 

On motion of Mr. Johnston, Hugh W. Shefey, Esq., was request¬ 
ed to act as temporary clerk of the Convention. 

On motion of Mr. Letcher, the clerk proceeded to call the roll of mem¬ 
bers, when it appeared that the following were present ; 

From the district of Accomack and Northampton ; Louis C. H. Fin¬ 
ney and Henry A. Wise. 

From the district of Norfolk City, Norfolk county and Princess Anne; 
Samuel Watts, John Petty, Arthur R. Smith, Tazwell Taylor and John 
Tunis. 

From the district of Southampton, Nansemond, Isle of Wight, Sussex, 
Surry and Greenesville; Robert Ridley, John R. Chambliss, John Y. Ma¬ 
son and A. S. H. Burgess. 

From the district of Petersburg, Chesterfield and Prince George, 
James H. Cox, Thomas Wallace, Timothy Rives, and James A. Jones. 

From the district of Richmond City, Henrico, New Kent and Charles 
City; Robert G. Scott, John A. Meredith, John M. Botts, James Lyons, 
Robert C. Standard, and Hector Davis. 

From the district of Williamsburg, James City, Gloucester, Warwick, 
York and Elizabeth City ; Samuel I. Bowden and Robert McCandlish. 

From the district of Essex, King and Queen, Middlesex and Mat¬ 
thews ; M. R. H. Garnett, James Smith and Muscoe Garnett. 

From the district of Caroline, Spottsylvania, King William and Han¬ 
over ; Francis W. Scott, Corbin Braxton, Eustace Conway, Beverly B. 
Douglas and Edward W. Morris. 

From the district of Richmond, Westmoreland, King George, Lancas¬ 
ter and Northumberland ; Richard L. T. Beale, Samuel L. Straughan 
and Addison Hall. 

From the district of Prince William, Alexandria, Fairfax and Stafford ; 
Richard C. L. Moncure. William L. Edwards, Edgar Snowden and 
Ira Williams. 

From the district of Henry, Franklin and Patrick; William Martin, 
Nathaniel C. Claiborne and Archibald Stuart. 








\ 



4 


From the district of Halifax, Pittsylvania and Mecklenburg;; William 
M. Tredway, John R. Edmunds, James M. Whittle, William O. Goode 
and George W. Purkins. 

From the district of Prince Edward, Charlotte and Appomattox ; 
Willis P. Bocock, Branch J. Worsham and Thomas H. Flood. 

From the district of Lunenburg, Brunswick, Nottoway and Dinwiddie; 
John E. Shell, Robert D. Turnbull and James L. Scoggin. 

From the district of Cumberland, Amelia, Powhatan and Bucking¬ 
ham ; John Hill, Joseph Fuqua and Henry L. Hopkins. 

From the district of Campbell and Bedford ; Charles H. Lynch, Lew¬ 
is C. Arthur and James Saunders. 

From the district of Nelson, Amherst and Albemarle ; Samuel M. 
Garland, V. W. Southall, Thomas J. Randolph and Littlebury N. Li- 
gon. 

From the district of Goochland, Fluvanna and Louisa ; Walter D. 
Leake, Drury W. K. Bowles and Richard I. Cocke. 

From the District of Culpeper, Greene, Madison and Orange; James 
Barbour, Robert A. Banks and John Woolfolk. 

From the district of Loudoun; John A Carter and John Janney. 

From the district of Fauquier and Rappahannock; Robert E. Scott, 
James F. Strother and Samuel Chilton. 

From the district of Botetourt, Roanoke, Alleghany and Bath; Wil¬ 
liam Watts. 

From the district of Augusta, Rockbridge and Highland ; John Let¬ 
cher, David E. Moore, Hugh W. Sheffy, Adam Stephenson, Jr., and 
David Fultz. 

From the district of Rockingham, Pendleton and Page ; John Kenney, 
George E. Deneale, A. M. Newman and John Lionberger. 

From the district of Shenandoah, Hardy and Warren ; Green B. Sam¬ 
uels, William Seymour, Giles Cook, and Samuel C. Williams. 

From the district of Jefferson, Berkley and Clarke; Charles James 
Faulkner, William Lucas, Dennis Murphy and Andrew Hunter. 

From the district of Frederick, Hampshire and Morgan; James E. 
Stewart, Thomas Sloan, Richard E. Byrd and Charles Blue. 

From the district of Brooke, Ohio, Hancock and Marshall; Jefferson 
T. Martin, Zachariah Jacob, John Knote and Thomas M. Gaily. 

From the district of Doddridge, Wetzel, Harrison, Tyler, Wood and 
Ritchie; Joseph Johnston, John F. Snodgrass, Gideon D. Camden ant 
P. V. VanWinkle. 

From the district of Marion, Preston, Monongalia and Taylor; Wil¬ 
liam G. Brown, Edward I. Armstrong, Whitman T. Willey and James 
Neeson. 

From the District of Randolph, Lewis, Barbour, Gilmer, Braxtor 
Wirt and Jackson; Samuel L. Hays, Joseph Smith, John S. CarliL 
and Thomas Bland. 

From the district of Cabell, Mason, Putnam, Wayne, Boone, Wyo¬ 
ming and Logan; Elisha W. McComas, Henry J. Fisher and James‘H. 
Ferguson. 

From the district of Greenbrier, Pocahontas, Fayette, Raleigh, Nich¬ 
olas and Kanawha ; George W. Summers, Samuel Price, William Smi 
and Benjamin H. Smith. 



5 


From the district of Carroll, Grayson, Floyd, Montgomery and Pu¬ 
laski ; Daniel H. Hoge and Samuel McCamant. 

From the district of Mercer, Giles, Tazewell and Monroe; Augustus 
A. Chapman and Allen T. Caperton. 

From the district of Smyth, Wythe and Washington; Benjamin Rush 
Floyd, George W. Hopkins and Thomas M Tate. 

From the district of Scott, Russell and Lee, Samuel Y. Fulkerson, 
Hiram Kilgore and Dale Carter, 

On motion of Mr. Ridley, the Convention proceeded to the election of 
a president. He then nominated John Y. Mason, and the names of the 
delegates being called by the clerk, the vote was—for John Y. Mason 
90 ; for George W. Hopkins 18 ; for James F. Strother 1; for Henry A. 
Wise 12 ; for James H. Cox 1; for William Seymour 2 ; for Green B. 
Samuels 1; for Archibald Stuart 1. The names of the gentlemen voting 
for Mr. Mason, are—Messrs. Wise, Samuel Watts, Petty, Arthur R. Smith, 
Taylor, Tunis, Ridley, Chambliss, Burgess, Cox, Wallace, Rives, Jonet, 
Robert G. Scott, Meredith, Botts, Lyons, Stanard, Davis, Bowden, 
McCandlish, M. R. H. Garnett, James Smith, Muscoe Garnett, Francis 
W. Scott, Braxton, Conway, Douglas, Morris, Beale, Straughan, Hall, 
Moncure, Edwards, Snowden, Ira Williams, William Martin, Claiborne, 
Stuart, Tredway, Edmunds, Whittle, Goode, Purkins, Bocock, Wor¬ 
sham, Flood, Shell, Turnbull, Scoggin, Hill, Fuqua, Henry L. Hopkins, 
Lynch, Arthur, Saunders, Garland, Southall, Randolph, Ligon, Leake, 
Bowles, Cocke, Barbour, Banks, John A. Carter, Janney, Robert E. 
Scott, Strother, Chilton, William Watts, Fultz, Newman, Seymour, 
Cook, Lucas, Hunter, Sloan, Byrd, Blue, Ferguson, Summers, Price, 
William Smith, Benjamin H. Smith, Hoge, McCamant, Chapman, Ca¬ 
perton and Floyd—90. 

For George W. Hopkins —Messrs. Letcher, Stephenson, Kenney, De- 
neale, Samuels, Samuel C. Williams, Murphy, Stewart, J. T. Martin* 
Knote, Johnston, Snodgrass, Brown, Armstrong, Neeson, Bland, McCo- 
mas and Fulkerson—18. 

For Jumes F. Strother —Mr. Finney—1. 

For Henry A. Wise —Messrs. Lionberger, Jacob Gaily, Van Winkle, 
Willey, Hays, Joseph Smith, Carlile, George W. Hopkins, Tate, Kil¬ 
gore and Dale Carter—12. 

For James H. Cox-— Mr. W r oolfolk—1. 

For William Seymour —Messrs. Moore and ShefFy—2. 

For Green B. Samuels —Mr. Faulkner—1. 

For Archibald Stuart —Mr. Camden—1. 

John Y. Mason, Esq., was then declared to be elected president. He 
was conducted to the chair by Messrs. Johnston and Stuart, and delivered 
the following address: 

“ Gentlemen :—Most unexpectedly to myself, those generous constitu¬ 
ents, whose unabated confidence I had the happiness to enjoy during a 
service of more than twenty years, have required my services as one of 
their representatives in this body ; and to them and to you, for the dis¬ 
tinguished honor which you have now conferred on me, my grateful 
thanks are due. 

“ Virginia was the first of the American States to frame a written Con¬ 
stitution or form of Government; thus taking the first great step in those 



6 


free institutions for securing civil liberty, which may be denominated the 

American System. ... . 

“ Whatever opinions may be entertained in relation to the subordinate 

provisions of the organic law then adopted, every son of Virginia may 
regard, with pride and admiration, the wisdom of our fathers in their 
great principle of a division and separation of the powers of Government 
into three great departments, the Legislative, Executive and Judicial— 
an elementary principle, adopted in all the subsequent Constitutions of 
her sister States, which is essential to their happy and successful opera¬ 
tion. 

“More than seventy years have passed away since Virginia became 
an organized and independent state, and this is the second occasion on 
which her people have resorted to their sovereign power, of revising and 
altering her supreme law. Upon us this momentous duty is now devol¬ 
ved. 

“ The object of the organic law is to secure to the people their inal¬ 
ienable rights, 4 the enjoyment of life and liberty, with the means of ac¬ 
quiring and possessi g property, and obtaining happiness and safety.’ In 
its nature it is permanent, not subject to modification, repeal or amend¬ 
ment, by any agents employed in the ordinary machinery of government. 
And, in its controlling influence, it possesses the mighty attribute of dis¬ 
tributing political power, of prescribing the right of surfrage, of authori¬ 
zing or establishing the legislative, executive and judicial authorities, 
and of fixing the orbits within which they may respectively move in the 
execution of the functions of government. 

“ Whether we contemplate our duties in reference to the magnitude of 
the subjects which must engage our deliberations, or, to their influence 
on the dearest interests of our constituents, or reflect on the necessity of 
wisdom, prudence, and foresight, in coming to our conclusions, all must 
concur, that our responsibilities are as great as can be devolved by a free 
people on their political agents. 

“ I feel happy that these momentous duties are to be performed here 
in this hall, where, from the first, order, decorum and dignity have pre¬ 
vailed, and commanded the admiration of all spectators. When I look 
around at this assemblage, I feel assured that the proceedings of this con¬ 
vention will be characterized by the same gratifying proofs of propriety. 

“ In discussing the great questions which will come before us, it is to be 
expected, that conflict of opinion will arise : and excited debate is the 
natural result of diversified interests; but may I not invoke a spirit of 
conciliation, mutual respect and forbearance ? May I not entreat, that 
we will remember, that patriotism knows no sections, and that we are 
sons of one common mother, and, animated by fraternal affection, so con¬ 
duct our deliberations as to promote, by the results of our labors, the 
quiet, the happiness, the honor and glory of Virginia ? 

“ Although I have had some experience in the different departments of 
the government, it is now many years since I was connected with a delibera¬ 
tive Assembly. I appreciate too highly the responsibilities of the station 
to which your kindness has called me, not to be aware that I will require 
much indulgence at your hands. I have, however, the consolation to 
know, that my deficiences will be readily supplied by the large expe¬ 
rience and high talent of those by whom I am surrounded.” 


7 


On motion of Mr. Henry L. Hopkins, it was ordered that the Rules 
of the late House of Delegates be adopted by the Convention, as rules to 
govern its proceedings and deliberate ns, so far as they apply. 

The said Rules are as follow : 

1. No member shall absent himself from the service of the House, 
without leave, unless he be sick, and unable to attend. 

2. When any member is about to speak in debate, or deliver any mat¬ 
ter to the House, he shall rise from his seat, and without advancing shall, 
with due respect, address “Mr. Speaker,” confining himself strictly to 
the point in debate, avoiding all indecent and disrespectful language. 

3. When any member rises and addresses the chair, the speaker shall 
recognize him by his name ; but no member shall designate another by 
name. 

4. No member shall speak more than twice in the same debate, with¬ 
out leave. 

5. A question being once determined, must stand as the judgment of 
the house, and cannot, during the same session, be drawn again into de¬ 
bate. 

6. While the speaker is reporting or putting a question, none shall en¬ 

tertain private discourse, read, stand up, walk into, out of, or across the 
house. 9 

7. No member shall vote on any question, in the event of which he 
is immediately and personally interested ; nor in any other case where 
he was not present when the question was put by the speaker or chair¬ 
man in any committee. 

8. Every member who shall be in the house when any question is put> 
shall, on a decision, be counted on one side or the other. 

9. A majority of delegates shall be necessary to proceed to business; 
and every question shall be determined according to the vote of a ma¬ 
jority of the members present, except where the constitution otherwise 
provides; any smaller number, together with the speaker, shall be suffi¬ 
cient to adjourn ; twenty may call a house, send for absentees, and make 
any order tor their censure or discharge. 

10. When the house rises, every member shall remain in his seat until 
the speaker passes him. 

11. On a call of the house, the doors shall not be closed against any 
member until his name shall have been once enrolled. 

12. Any member, sustained by seven others, shall have a l ight, before 
the question is put, to demand the ayes and noes on the decision of any 
question ; and on such occasions, the names of the members shall be call¬ 
ed over by the clerk, and the ayes and noes respectively entered on the 
journal, and the question decided as a majority shall thereupon appear. 
After the ayes and noes shall have been taken, and before they are count¬ 
ed or entered on the journal, the clerk shall read over the names of those 
who voted in the affirmative, and of those who voted in the negative, 
at which time any member shall have the right to correct any mistake 
committed in enrolling his name. 

13. No business shall be introduced, or considered after 12 o’clock, 
tintil the orders of the day be disposed of, except messages from the sen¬ 
ate or executive. Among the orders of the day, those which are gene¬ 
ral in their nature shall have precedence over such as are private or locaL 


8 


14. The speaker may call any member to the chair, who shall exer¬ 
cise its functions for the time ; but no member, by virtue of such appoint¬ 
ment, shall preside for a longer time than one day. 

15. The speaker shall set apart convenient seats for the use of the 
members of the senate and executive, and of the judges of the superior 
courts of this commonwealth and of the United States, and of such other 
persons as he may invite within the bar of the house. 

16. All bills or other business shall be dispatched in the order in 
which they are introduced, unless the house shall direct otherwise in par¬ 
ticular cases. In future, all bills of a general nature shall, after their first 
reading, be printed for the use of the house. 

17. The clerk shall not permit any records or papers to be taken from 
the table, or out of his possession: but he may deliver to a member any 
bills depending before the house, on taking his receipt for the same. 

18. The journal of the house shall be drawn up by the clerk, on each 
day, and, after being examined by the speaker, shall be printed and de¬ 
livered without delay. 

19. The clerk shall publish, with the laws, all resolutions of a general 
nature, annex general marginal notes to each law or resolution, and sub¬ 
join an index to the whole. 

20. The clerks of the senate and house of delegates may interchange 
messages at such time, between the hour of adjournment and that of 
meeting on the following day, as that the said messages may be read im¬ 
mediately after the orders of the day. 

21. The motion for the previous question shall not be debateable. As 
soon as a member moves the previous question, the Speaker shall, if the 
motion be seconded by twenty members (which shall be without debate) 
proceed to propound the question, “Shall the main question be now put V' 

22. No petition of a private natujre, having been once rejected, shall 
be acted on a second time unless it be supported by new evidence ; nor 
shall any such petition, after a third disallowance, be again acted on. 
The several clerks of committees shall keep alphabetical lists of all such 
petitions, specifying the sessions at which they were presented, and the 
determination of the house thereon ; and shall deliver the original peti¬ 
tions to the clerk of the house, to be preserved in his office. 

23. No petition or memorial shall be received, praying for the divis¬ 
ion of a county or parish, changing the place of holding any court or 
other local matter, unless the purport of such petition or memorial shall 
have been fixed up at the courthouse door of the county where such al¬ 
teration is proposed, at two different courts, and shall have remained 
there one day during the sitting of each court, and at least one month 
shall have passed after the holding of the last court, and before the pe¬ 
tition or memorial is presented. And no petition or memorial shall be 
received, or bill brought in for establishing or discontinuing ferries, nor 
for any other purpose affecting private rights or property, unless the pai- 
ties interested shall have had one month’s notice; and if they be not 
known to the petitioner or memorialist, the purport of the petition, me¬ 
morial oi bill, shall be set up at the courthouse in the manner before di¬ 
rected, and also three times inserted in some newspaper in the state most 
convenient for conveying the intended information, one month before of¬ 
fering or moving the same. 


9 


24. No petition shall be received claiming a sum of money, or pray 
ing the settlement oi unliquidated accounts, unless it be accompanied 
with a certificate or disallowance from the executive or auditor, contain- 
taining the reason why it was rejected. But this order shall extend to 
no person applying for a pension. 

25. When any petition; or bill founded on one, is rejected, such pe¬ 
tition shall not be withdrawn, but the petitioner, or member presenting his 
petition, or any member from the county or corporation in which the pe¬ 
titioner resides, may, without leave, withdraw any document filed there¬ 
with ; and a list of every document so withdrawn, shall be preserved by 
the clerk. All petitions not finally acted on, may, with the accompany¬ 
ing documents, be in like manner withdrawn, after the expiration of the 
session at which they were presented. 

26. No petition shall be read in the house, unless particularly required 
by some member; but every member presenting one, shall announce the 
name of the petitioner, the nature of the application, and whether in his 
opinion a similar application had been before made by said petitioner. 
He shall also endorse, on the back of the petition, his own name as a 
pledge that it is drawn in respectful language : whereupon it shall be de¬ 
livered to the clerk, by w T hom it shall be laid before the proper committee. 

27. At the commencement of each session, the following committees 
shall be appointed by the speaker. 

1. A committee of privileges and elections, to consist of nine 

members. 

2. A committee for courts of justice, to consist of not less than 

nine nor more than thirteen members. 

3. A committee for schools and colleges, to consist of not less 

than nine nor more than thirteen members. 

4. A committee of propositions and grievances, to consist of not 

less than nine nor more than thirteen members. 

5. A committee of claims, to consist of not less than nine nor 

more than thirteen members. 

6. A committee of roads and internal navigation, to consist of 

not less than nine nor more than thirteen members. 

7. A committee on the militia laws, to consist of not less tha 

five nor more than seven members. 

8. A committee of finance, to consist of not less than seven nor 

more than nine members. 

9. A committee on the penitentiary, to consist of not less than 

five nor more than seven members. 

10. A committee on the armory, to consist of not less than seven 

nor more than thirteen members. 

11. A committee on executive expenditures, to consist of not less 

than five nor more than seven members.- 

12. A committee to examine first auditor’s office, to consist of not 

less than five nor more than seven members. 

13. A committee to examine the second Auditor’s office, to con¬ 

sist of not less than five nor more than seven members. 

14. A committee to examine clerk’s office, to consist of not less 

than five nor more tnan seven members. 

2 


10 


15. A committee to examine the register’s office, to consist of not 

less than five nor more than seven members. 

16. A joint committee to examine the treasurer’s accounts, to 

consist of not less than five nor more than seven members. 

17. A joint committee to examine the bonds of public officers, to 

consist of not less than five nor more than seven members. 

IS. A joint committee on the public library, to consist of not less 

than five nor more than seven members. 

19. A committee on agriculture and manufactures, to consist of 

not less than five nor more than thirteen members. 

20. A committee to examine enrolled bills, to consist of not less 

than five nor more than ten members. 

21. A committee to examine the lunatic asylums in this common¬ 

wealth, to consist of not less than five nor more than ten 

members. 

22. A committee on banks, consisting of not less than seven nor 

more than eleven members. 

23. A committee on trade and mechanic arts, to consist of not less 

than nine, nor more than thirteen members. 

28. The several standing committees shall appoint their own clerks, 
when necessary ; and the clerk of the House of Delegates may command 
the services of any of said clerks to assist in engrossing or enrolling 
bills, at such time as they may not be employed by their respective com¬ 
mittees. 

29. Five members of any standing or select committee shall be a quo¬ 
rum to proceed to business. 

30. The several committees are instructed to report, in all cases to 
them referred, whether other cases may arise, comprised within the 
principle of the petitioner; and if a bill be ordered, it shall be so drawn 
as to provide for all such cases, as well as that in which it originated; 
and, in petitions and other matters referred, the committee shall have 
power, if they deem it expedient, to report by bill. 

31. Select committees shall not consist of less than five nor more 
than thirteen members. 

32. The committee of privileges and elections shall examine the 
oaths taken by each member, and certificates of election furnished by 
the sheriffs, and report thereon to the house. 

33. The committee of privileges and elections shall report, in all 
cases of privilege or contested elections, the principles and reasons on 
which their resolutions are founded. 

34. The committee for schools and colleges shall annually examine 
into the state and manner of administration of the Literary fund, and 
make such report as they may deem proper. 

35. The committee of finance shall annually examine into the state 
of the debts due from the commonwealth, of the revenue and expen¬ 
ditures of the preceding year, and prepare an estimate of the expenses 
of the succeeding year, and make such report thereon as they may 
deem proper. 

36. Any person contesting the election of a member returned to serve 
in this house, will be entitled to receive his wages only from the dav 
«n which such person is declared duly elected. 

3/. Whenever, by the equality of sound, a division of the house is 


11 


rendered necessary in the opinion of the speaker, or of a member, the 
members shall be required to rise in their places ; and if, on a general 
view of the house, a doubt still exist on the mind of the speaker, or of a 
member, as to the side on which the majority voted, the members shall 
be counted standing in their places, either by the speaker or by two 
members of opposite opinions on the question, to be deputed for the pur¬ 
pose by the speaker. 

33. Documents, printed by order of the house, shall be printed on 
paper of the same size with the journal, and a copy shall be bound up 
with each journal, and furnished the members at the end of the session ; 
and it shall be the duty of the public printer to furnish 185 additional 
copies, bound for that purpose. 

39. Any person shall be at liberty to sue out an original writ, or sub¬ 
poena in chancery, to prevent a bar by the statute of limitations, or to 
file any bill in equity, and examine witnesses thereupon, for the purpose 
of preserving their testimony against any member of this house : Pro¬ 
vided , That the clerk, after having made out and signed such original 
writ, or subpoena, shall not deliver it to the party, nor to any other per¬ 
son, during the continuance of the member’s privilege. 

40. Any person summoned to attend this house, or any one of its 
committees, as a witness, shall be privileged from arrest during his com¬ 
ing to, attendance on, or return from the house or committee ; and no 
such witness shall be obliged to attend, until the party at whoso request 
he was summoned, shall pay or secure to him, for his attendance and 
travelling, the same allowance which is made to witnesses attending the 
general court. 

41. If any person shall tamper with a witness, in respect of his evi¬ 
dence to be given before this house, or one of its committees, or directly 
or indirectly endeavor to deter or hinder a person from appearing or 
giving evidence, it shall be deemed a high misdemeanor, which the 
house will severely punish. 

42. No person shall be taken into custody by the sergeant at arms, on 
any complaint of breach of privilege, until the matter is examined by the 
committee of privileges and elections, and reported to the house, unless 
by order of the speaker. 

43. In all elections, but one vacancy shall be filled at a time. 

44. In elections by joint vote of the two houses of the general assem¬ 
bly, each house shall first communicate, by message to the other, the 
names of the persons who may be put in nomination for the said office 
in each house respectively; and then each house shall vote separately in 
its own chamber; and shall each appoint a committee on its part to 
meet a committee on the part of the other house, and communicate the 
result of the vote, in each house respectively; and if, upon such vote, 
any person have a majority of the whole number of votes, the same 
shall be reported by the committees to their respective houses, and the* 
speaker of each house shall declare such person duly elected ; and if no 
person shall have a majority of the whole number of votes, both houses 
shall in like manner proceed to another vote, dropping the person who 
shall have the smallest number of votes on the former vote; and so on 
till an election be made; and the results of each vote in each house 
shall in like manner be communicated by each house to the other, and 
reported by their respective committees; and the election, when made. 


12 


shall in like manner be declared by the respective speakers of the two 
houses. 

45. Hereafter it shall be the duty of the clerk, previous to reading* 
each bill, to announce whether it is on its first, second or third reading. 

46. On every day, so soon as the speaker takes the chair and calls the 
house to order, the standing committees of the house shall be called over 
to enable them to make reports. 

47. The motion for the previous question shall not be debateable. 
As soon as a member moves the previous question, the speaker shall, if 
the motion be seconded by twenty members, (which shall be without 
debate,) proceed to propound the question, “ Shall the main question be 
now put ?” 

On motion of Mr. Randolph, the Convention proceeded to the elec¬ 
tion of a Clerk, and he nominated Allen B. Magruder. Mr. Chapman 
nominated Rufus A. French. Mr. Taylor nominated Benjamin B . 
Mhior. Mr. Letcher nominated Charles Chapin . Mr. Braxton 
nominated James O. Pollard. Mr. Moncure nominated Stephen D. 
Whittle. Mr. Chilton nominated James W. Spalding. Mr. Cox 
nominated William R. Drinkard. And the vote was—for Mr. Ma¬ 
gruder, 19 ; for Mr. French, 37; for Mr. Minor, 4 ; for Mr. Chapin, 17 ; 
for Mr. Pollard, 8; for Mr. Whittle, 17; for Mr. Spalding, 8; and for 
Mr. Drinkard, 18. 

The members voting for Mr. Magruder are—Messrs. Samuel Watts, 
Petty, Tunis, Botts, Hill, Fuqua, Garland, Southall, Randolph, Ligon, 
Leake, Bowles, Cocke, Banks, John A. Carter, Janney, Lionberger. 
Faulkner, and Bird—19. 

For Mr. French—Messrs. Wise, Beale, Ira Williams, Stuart, Henry L. 
Hopkins, Saunders, Strother, Murphy, Jacob, Johnston, Snodgrass, 
Camden, Van Winkle, Brown, Armstrong, Neeson, Hays, Joseph Smith, ' 
Carlile, Bland, M’Comas, Fisher, Ferguson, Summers, Price, William 
Smith, Benjamin H. Smith, Hoge, M’Camant, Chapman, Caperton, 
Floyd, George W. Hopkins, Tate, Fulkerson, Kilgore, and Dale Car¬ 
ter—37. 

For Mr. Minor—Messrs. Taylor, Lyons, Francis W. Scott, and 
Blue—4. 

For Mr. Chapin—Messrs. Letcher, Moore, Sheffy, Stephenson, Fultz, 
Kenney, Deneale, Newman, Samuels, Seymour, Cook, Samuel C. Wil¬ 
liams, Lucas, Hunter, Stewart, Jefferson T. Martin, and Knote—17. 

For Mr. Pollard—Messrs. M. R. H. Garnett, James Smith, Muscoe 
Garnett, Braxton, Conway, Douglass, Morris, and Hall—8. 

For Mr. Whittle—Messrs. Moncure, William Martin, Claiborne, Tred- 
way, Edmunds, Whittle, Goode, Purkins, Bocock, Worsham, Shell, 
Scoggin, Lynch, Arthur, Robert E. Scott, Wm. Watts, and Sloan—17. 

For Mr. Spalding—Messrs. Finney, Meredith, Stanard, Straughan, 
Davis, Edwards, Snowden, and Chilton—8. 

For Mr. Drinkard—Messrs. Mason, (President,) Arthur R. Smith, 
Ridley, Chambliss, Burgess, Cox, Wallace, Rives, Jones, Robt. G. Scott, 
Bowden, M’Candiish, Flood, Turnbull, Barbour, Woolfolk, Gaily, and 
Willey—18. 

No person having received a majority, and Mr. Minor having been 
dropped, under the rule, the vote was again recorded as follows: 



13 


For Mr. Magruder—Messrs. Samuel Watts, Petty, Tunis, Botts, 
Muscoe Garnett, Hill, Fuqua, Garland, Southall, Randolph, Ligon, 
Leake, Bowles, Cocke, Banks, John A. Carter, Janney, Faulkner, Byrd, 
and Blue—20. 

For Mr. French—Messrs. Finney, Wise, Beale, Claiborne, Stuart, 
Henry L. Hopkins, Saunders, Strother, Murphy, Jacob, Johnston, Snod¬ 
grass, Camden, Van Winkle, Brown, Armstrong, Neeson, Hays, Joseph 
Smith, Carlile, Bland, M’Comas, Fisher, Ferguson, Summers, Price, 
William Smith, Benjamin H. Smith, Hoge, M’Camant, Chapman, Ca- 
perton, Floyd, George W. Hopkins, Tate, Fulkerson, Kilgore, and Dale 
Carter—38. 

For Mr. Chapin—Messrs. Letcher, Moore, Sheffy, Stephenson, Fultz, 
Kenney, Deneale, Newman, Lionberger, Samuels, Seymour, Cook, 
S. C. Williams, Lucas, Hunter, Stewart, and 'efferson T. Martin—17. 

For Mr. Pollard—Messrs. M. R. H. Garnett, James Smith, Francis W. 
Scott, Braxton, Conway. Douglas, and Morris—7. 

For Mr. Whittle—Messrs. Taylor, Straughan, Hall, Moncure, Wm. 
Martin, Tredway, Edmunds, Whittle, Goode, Pur kins, Bocock, Wor¬ 
sham, Shell, Scoggin, Lynch, Arthur, Robert E. Scott, William Watts, 
and Sloan—19. 

For Mr. Spalding—Messrs. Meredith, Lyons, Stanard, Davis, Ed¬ 
wards, Snowden, and Chilton—7. 

For Mr. Drinkard—Messrs. Arthur R. Smith, Ridley, Chambliss, 
Burgess, Cox, Wallace, Rives, Jones, Robt. G. Scott, Bowden, M’Cand- 
lish, Ira Williams, Flood, Turnbull, Barbour, Woolfolk, Knote, Gaily, 
and Willey—19. 

No person having received a majority, and Mr. Spalding having been 
dropped, under the rule, the vote was again recorded as follows : 

For Mr. Magruder—Messrs. Samuel Watts, Arthur R. Smith, Tunis, 
Meredith, Botts, Stanard, Davis, James Smith, Muscoe Garnett, Morris, 
Edwards, Hill, Fuqua, Garland, Southall, Randolph, Ligon, Leake, 
Bowles, Cocke, Banks, John A. Janney, Faulkner, Byrd, and Blue—26. 

For Mr. French—Messrs. Finney, Wise, Beale, Ira Williams, Clai¬ 
borne, Stuart, Henry L. Hopkins, Saunders, Strother, Chilton, Murphy, 
Jefferson T. Martin, Jacob, Knote, Johnston, Snodgrass, Camden, Van 
Winkle, Brown, Armstrong, Neeson, Hays, Joseph Smith, Carlile, Bland, 
M’Comas, Fisher, Ferguson, Summers, Price, William Smith, Benjamin 
H. Smith, Hoge, M’Camant, Chapman, Caperton, Floyd, George W. 
Hopkins, Tate, Fulkerson, Kilgore, and Dale Carter—42. 

For Mr. Chapin—Messrs. Letcher, Moore, Sheffy, Stephenson. Fultz, 
Deneale, Newman, Lionberger, Samuels, Cook, Samuel C. Williams, 
Lucas, Hunter, and Stewart—14. 

For Mr. Whittle—Messrs. Petty, Taylor, Lyons, M. R. H. Garnett, 
Francis W. Scott, Braxton, Conway, Douglas, Straughan, Hall, Mon¬ 
cure, Snowden, William Martin, Tredway, Edmunds, Whittle, Goode, 
Purkins, Bocock, Worsham, Shell, Scoggin, Lynch, Arthur, Robert E. 
Scott, Wm. Watts, Kenney, Seymour, and Sloan—29. 

For Mr Drinkard—Messrs. Mason, (President,) Ridley, Chambliss, 
Burgess, Cox, Wallace, Rives, Jones, Robert G. Scott, Bowden, M’Cand- 
lish, Flood, Turnbull, Barbour, Woolfolk, Gaily, and Willey—17. 

No person having received a majority, and Mr. Cox having withdrawn 


14 


the name of Wm. R. Drinkard, and Mr. Chapin having been dropped, 
under the rule, the vote was again recorded as follows: 

For Mr. Magruder—Messrs. Samuel Watts, Tunis, Robert G. Scott, 
Meredith, Bolts, Stanard, Davis, Bowden, James Smith, Muscoe Garnett, 
Morris, Straughan, Edwards, Hill, Fuqua, Garland, Southall, Randolph, 
Ligon, Leake; Bowles, Cocke, Banks, Woolfolk, John A. Carter, Janney, 
Moore, Faulkner, Hunter, Byrd, and Blue—31. 

For Mr. French—Messrs. Finney, Wise. Burgess, Beale, Ira Wil¬ 
liams, Claiborne, Stuart, Henry L. Hopkins, Saunders, Strother, Chil¬ 
ton, Stephenson, Deneale, Lionberger, Murphy, Stewart, Jefferson T. 
Martin, Jacob, Knote, Gaily, Johnston, Snodgrass, Camden, Van Winkle, 
Brown, Armstrong, Willey, Neeson, Hays, Joseph Smith, Carlile, Bland, 
M’Couias, Fisher, Ferguson, Summers, Price, William Smith, B. H. 
Smith, Hoge, M : Camant, Chapman, Caperton, Floyd, George W. Hop¬ 
kins, Tate, Fulkerson, Kilgore, and Dale Carter—49. 

For Mr. Whittle—Messrs. Mason, (President.) Petty, Arthur R. 
Smith, Taylor, Ridley, Chambliss, Cox, Wallace, Rives, Jones, Lyons, 
M’Candlish, M. R. H. Garnett, Francis W. Scott, Braxton, Conway, 
Douglas, Hall, Moncure, Snowden, Wm. Martin, Tredway, Edmunds, 
Whittle, Goode, Purkins, Bocock, Worsham, Flood, Shell, Turnbull, 
Scoggin, Lynch, Arthur, Barbour, Robert E. Scott, William Watts, 
Sheffy, Fultz, Kenney, Newman, Samuels, Seymour, Cooke, Samuel C. 
Williams, Lucas, and Sloan—47. 

For Mr. Chapin—Mr. Letcher—1. 

No person having received a majority, and Mr. Magruder having 
been dropped, under the rule, the vote was again recorded as follows: 

For Mr. French—Messrs. Finney, Wise, Botts, Davis, Beale, Ira 
Williams, Claiborne, Stuart, Henry L. Hopkins, Saunders, Garland, 
Leake, John A. Carter, Strother, Chilton, Letcher, Stephenson, Deneale, 
Lionberger, Murphy, Stewart, Jefferson T. Martin, Jacob, Knote, Gaily, 
Johnston, Snodgrass, Camden, Van Winkle, Brown, Armstrong, Willey, 
Neeson, Hays, Joseph Smith, Carlile, Bland, M’Comas, Fisher, Fergu¬ 
son, Summers, Price, William Smith, B. H. Smith, Hoge, M’Camant, 
Chapman, Caperton, Floyd, George W. Hopkins, Tate, Fulkerson, 
Kilgore, and Dale Carter—54. 

For Mr. Whittle—Messrs. Mason, (President,) Samuel Watts, Petty, 
Arthur R. Smith, Taylor, Tunis, Ridley, Chambliss, Burgess, Cox, 
Wallace, Rives, Jones, Robt. G. Scott, Meredith, Lyons, Stanard, Bow¬ 
den, M’Candlish, M. R. H. Garnett, James Smith, Muscoe Garnett, 
Francis W. Scott, Braxton, Conway, Douglas, Morris, Straughan, Hall, 
Moncure, Edwards, Snowden, William Martin, Tredway, Edmunds, 
Whittle, Goode, Chambers, Purkins, Bocock, Worsham, Flood, Shell, 
Turnbull, Scoggin, Hill, Fuqua, Lynch, Arthur, Southall, Randolph, 
Ligon, Bowles, Cocke, Barbour, Banks, Woolfolk, Janney, Robert E. 
Scott,, Wm. Watts, Sheffy, Fultz, Kenney, Newman, Samuels, Seymour, 

Cook, Samuel C. Williams, Faulkner, Lucas, Hunter, Sloan, Byrd, and 
Blue—73. 

Thereupon Stephen D . Whittle was declared appointed Clerk of the 

Convention, and the President requested Mr. Moncure to inform him 
of the fact. 

Mr. Banks offered the following resolution: 


15 


Resolved , That the Convention meet at eleven o’clock to-morrow, 
and on each day thereaiter, until otherwise ordered, at twelve o’clock. 

The resolution was amended, on motion ot Mr. Randolph, by strik¬ 
ing out, in the first line, the words “eleven o’clock,” and inserting in lieu 
thereof “ ten o’clock.” 

Mr. Wooi.folk moved farther to amend the resolution, by striking 
out the following words: “and on each day thereafter, until otherwise 
ordered, al twelve o’clock so as to cause the resolution to read— 

“ Resolved , That the Convention meet at eleven o’clock to-morrow.” 

On motion of Mr. Blue, the resolution and amendment were laid upon 
the table; and 

On motion of Mr. Claiborne, the Convention adjourned to meet to 
morrow at ten o’clock. 


Tuesday, October 15, 1S50. 

The Convention met pursuant to adjournment. 

The President announced that the first business in order would be 
tbe election of Sergeant at Arms for the Convention. Mr. Strother 
nominated William Slaughter. Mr. Francis "VV. Scott nominated 
Andrew S. Broadus. Mr. Blue nominated Jacob Baker. Mr. Leake 
nominated William Jackson. Mr. Wise nominated Thomas P. 
Chisman. Mr. Sheffy nominated Daniel Ward. Mr. Ferguson 
nominated Isaac S. Samuels. Mr. Moncure nominated George 
Mason Cooke. And the vote having been taken, resulted as follows : 

For Mr. Slaughter—Messrs. Wallace, Barbour, Banks, Woolfolk, 
Robert E. Scott, Strother, Chilton, Chapman, and Caperton—9. 

For Mr. Broadus—Messrs. Meredith, Davis, M. R. H. Garnett, James 
Smith, Muscoe Garnett, Francis W. Scott, Braxton, Conway, Douglas, 
Morris, Reale, Straughan, Hall, Garland, and Hoge—15. 

For Mr. Baker—Messrs. Taylor, Jones, Fuqua, Randolph, Stephen¬ 
son, Kenney, Lionberger, Murphy, Sloan, Blue, and Knote—11. 

For Mr. Jackson—Messrs. Henry L. Hopkins, Leake, Bowles, and 
Cocke—4. 

For Mr. Chisman—Messrs. Mason, (President,) Finney, Wise, Petty, 
Arthur R. Smith, Ridley, Chambliss, Burgess, Cox, Rives, Robert G. 
Scott, Botts, Bowden, M’Candlish, C.aiborne, Edmunds, Goode, Cham¬ 
bers, Purkins, Bocock, Flood, Turnbull, Lynch, Ligon, M’Camant, 
Floyd, and Tate—27. 

For Mr. Ward—Messrs. Samuel Watts, Tunis, Lyons, Stanard, 
Wingfield, Southall, Carter, Janney, Moore, Sheffy, Faulkner, Hunter, 
Byrd, and Price—14. 

For Mr. Samuels—Messrs. Wm. Martin, Stuart, Tredway, Worsham, 
Shell, Scoggin, Arthur, Letcher, Fultz, Newman, Samuels, Seymour, 
Cook, Samuel C. Williams, Lucas, Jefferson T. Martin, Jacob, Gaily, 
Johnston, Snodgrass, Camden, Van Winkle, Brown, Armstrong, Willey, 
Neeson, Hays, Joseph Smith, Carlile, Bland, M’Comas, Fisher, Fergu¬ 
son, Summers, William Smith, B. H. Smith, George W. Hopkins, 
Fulkerson, Kilgore, and Dale Carter—40. 

For Mr. Cooke—Messrs. Moncure, Edwards, Snowden, Ira Williams, 
Whittle, and Saunders—6. 



16 


No person having received a majority, and Mr. Jackson having been 
dropped, under the rule, the vote was again recorded as follows : 

For Mr. Slaughter—Messrs. Wallace, Barbour, Banks, Woolfolk, 
Robert E. Scott, Strother, Chilton, Chapman, and Caperton—9. 

For Mr. Broadus—Messrs. John A. Meredith, Stanard, Davis, M. R. H. 
Garnett, James Smith, Muscoe Garnett, Francis W. Scott, Braxton, 
Conway, Douglas, Morris, Beale, Straughan, Hall, Garland, Bowles, 
and Hoge—17. 

For Mr. Baker—Messrs. Jones, Henry L. Hopkins, Stephenson, 
Kenney, Deneale, Lionberger, Murphy, Stewart, Sloan, Blue, and 
Knote—11. 

For Mr. Chisman—Messrs.Mason, (President,) Finney, Wise, Samuel 
Watts, Petty, Arthur R. Smith, Tunis, Ridley, Chambliss, Burgess, 
Cox, Rives, Robert G. Scott, Botts, Bowden, M’Candlish, Claiborne, 
Edmunds, Goode, Chambers, Purkins, Bocock, Flood, Turnbull, 
Fuqua, Lynch, Ligon, Leake, Cocke, M’Camant, and Tate—31. 

For Mr. Ward—Messrs. Lyons, Wingfield, Southall, John A. Carter, 
Moore, ShefFy, Janney, Faulkner, Hunter, Byrd, and Price—11. 

For Mr. Samuels—Messrs. Taylor, William Martin, Stuart, Tredway, 
Worsham, Shell, Scoggin, Hill, Arthur, Randolph, William Watts, 
Letcher, Fultz, Newman, Samuels, Seymour, Cocke, Samuel C. W il¬ 
liams, Lucas, Jefferson T. Martin, Jacob, Gaily, Johnston, Snodgrass, 
Camden, Van Winkle, Brown, Armstrong, Willey, Neeson, Hays, 
Joseph Smith, Carlile, Bland, M’Comas, Fisher, Ferguson, Summers, 
W r m. Smith, Benjamin H. Smith, George W. Hopkins, Fulkerson, Kil¬ 
gore, and Dale Carter—43. 

For Mr. Cooke—Messrs. Moncure, Edwards, Snowden, Ira Williams, 
Whittle, and Saunders—6. 

No person having a majority, and Mr. Strother having withdrawn Mr. 
Slaughter, and Mr. Moncure having withdrawn Mr. Cooke, the vote was 
again recorded as follows : 

For Mr. Broadus—Messrs. Wallace, Meredith, Stanard, Davis, 
M. R. H. Garnett, James Smith, Muscoe Garnett, Francis W. Scott, 
Braxton, Conway, Douglass, Morris, Beale, Straughan, Hall, Moncure, 
Wingfield, Garland, Southall, Bowles, and Hoge—21. 

For Mr. Chisman—Messrs. Mason, (President,) Finney, Wise, Sam’l 
Watts, Petty, Arthur R. Smith, Taylor, Tunis, Ridley, Chambliss, Bur¬ 
gess, Cox, Rives, Robert G. Scott, Botts, Bowden, M’Candiish, Claiborne, 
Edmunds, Goode, Chambers, Purkins, Bocock, Flood, Turnbull, Lynch, 
Ligon, Leake, Cocke, Woolfolk, M’Camant, Floyd, and Tate-—33. 

For Mr. Ward—Messrs. Lyons, Edwards, Snowden, John A. Carter, 
Janney, Robert E. Scott, Strother, Chilton, Moore, ShefFy, Byrd, and 
Price—12. 

For Mr. Samuels—Messrs. Jones, Ira Williams, Wm. Martin, Stuart, 
Tredway, Whittle, Worsham, Shell, Scoggin, Hill, Fuqua, Henry L. 
Hopkins, Arthur, Saunders, Randolph, Barbour, Wm. Watts, Letcher, 
Stephenson, Fultz, Kenney, Deneale, Newman, Lionberger, Samuels. 
Seymour, Cooke, Samuel C. Williams, Faulkner, Lucas, Murphy, 
Hunter, Stewart, Sloan, Blue, Jefferson T. Martin, Jacob, Knote, Gaily, 
Johnston, Snodgrass, Camden, Van Winkle, Brown, Armstrong, Willey, 
Neeson, Hays, Joseph Smith, Carlile, Bland, M’Comas, Fisher, Ferguson, 


i 


17 


Summers, William Smith, Benjamin H. Smith, Caperton, George W. Hop¬ 
kins, Fulkerson, Kilgore, and Dale Carter—62. 

No person having received a majority, and Mr. Ward having been 
dropped, under the rule, and Mr. Muscoe Garnett having withdrawn 
Mr. Broadus, the vote was again recorded as follows: 

For Mr- Chisman—Messrs. Mason, (Pres’t.) Finney, Wise, Samuel 
Watts, Petty, Arthur R. Smith, Tunis, Ridley, Chambliss, Burgess, Cox, 
Rives, Robert G. Scott, Meredith, Botts, Lyons, Bowden, McCandlish, M. 
R. H. Garnett, James Smith, Muscoe Garnett, Conway, Douglas, Beale, 
Straughan, Hall, Moncure, Edwards, Claiborne, Edmunds, Goode, Cham¬ 
bers, Purkins, Bocock, Flood, Turnbull, Lynch, Leake, Cocke, Woolfolk, 
Strother, Chilton, McCamant, Chapman, Floyd, and Tate—46. 

For Mr. Samuels-Messrs. Taylor, Wallace, Jones, Stanard, Davis, 

Francis W. Scott, Braxton, Morris, Snowden, Ira Williams, William Mar¬ 
tin, Stuart, Tredway, Whittle, Worsham, Shell, Scoggin, Hill, Fuqua, H. 
L. Hopkins, Wingfield, Arthur, Saunders, Garland, Southall, Randolph, 
Ligon, Bowles, Barbour, John A. Carter, Janney, Robert E. Scott, Chil¬ 
ton, William Watts, Letcher, Moore, Sheffy, Stephenson, Fultz, Kenney, 
Deneale, Newman, Lionberger, Samuels, Seymour, Cook, Samuel C. Wil¬ 
liams, Faulkner, Lucas, Murphy, Hunter, Stewart, Sloan, Byrd, Blue, Jef¬ 
ferson T. Martin, Jacob, Knote, Gaily, Johnston, Snodgrass, Camden, 
Van Winkle, Brown, Armstrong, Willey, Neeson, Hays, Joseph Smith, 
'Carlile, Bland, McComas, Fisher, Ferguson, Summers, Price, William 
Smith, Benjamin H. Smith, Hoge, Caperton, Pendleton, George W. Hop¬ 
kins, Fulkerson, Kilgore, and Dale Carter—85. 

Thereupon, Isaac S. Samuels was declared appointed Sergeant-at- 
Arms. 

The next business in order being the appointment of first Door-Keeper 
to the Convention, Mr. Banks nominated Salathiel W. Yager; Mr. 
Stuart nominated William W- Gray ; Mr. Tredway nominated Wil¬ 
liam II. Blanche; Mr. Cocke nominated Isaac A. Turner ; Mr. Hays 
nomited John E. Thomason ; Mr. Deneale nominated Daniel Fisher; 
Mr. McCandlish nominated Edward S- Gayle; Mr. Stanard nomina¬ 
ted George W. H. Tyler; Mr. Davis nominated Spottswood Waldrop; 
and the vote having been taken, resulted as follows: 

For Mr. Yager—Messrs. Moncure, Barbour, Banks, Woolfolk, Jan- 
ney, Robert E. Scott, Strother, Chilton and Blue—9. 

For Mr. Gray—Mesrs. Stuart, Lynch, Arthur, Saunders and Kil¬ 
gore—5. 

For Mr. Blanche—Messrs. Burgess, Rives, Jones, Claiborne, Tred¬ 
way, Edmunds, Whittle, Goode, Chambers, Purkins, Worsham, Shell, 
Turnbull, Scoggin, Henry L. Hopkins and Ligon—16. 

For Mr. Turner—Messrs. Bocock, Hill, Fuqua, Garland, Southall, 
Randolph, Leake, Bowles and Cocke—9. 

For Mr. Thomason—Messrs. Chambliss, Cox, Beale, Edwards, Jef¬ 
ferson T. Martin, Gaily, Johnston, Snodgrass, Camden, Van Winkle, 
Brown, Armstrong, Willey, Neeson, Hays, Carlile, Bland, McComas, 
Fisher, William Smith and Dale Carter—21. 

For Mr. Fisher—Messrs. Wallace, Bowden, Ira Williams, Letcher, 
Moore, Sheffy, Stephenson, Fultz, Kenney, Deneale, Newman, Lionberger, 
Samuels, Cook, Williams, Faulkner, Lucas, Murphy, Stewart, Sloan, Byrd, 

3 


18 


Ferguson, Price, Benjamin H. Smith, McCamant, Chapman, Pendleton,, 
Floyd, George W. Hopkins and Tate—31. 

For Mr. Gayle—Messrs. Mason, (Pres’t.) Finney, Wise, Samuel 
V/atts, Petty, Arthur R. Smith, Taylor, Tunis, Ridley, MeCandiish, M.. 
R. II. Garnett, James Smith, Muscoe Garnett, Braxton, Conway, Dou¬ 
glas, Straughan, Hall, Snowden, Flood, Seymour, Hunter,. Joseph Smith,.. 
Knote, Hoge, Caperton and Fulkerson—27. 

For Mr. Tyler—Messrs. Meredith, Botts, Stanard, William Mar¬ 
tin—4. 

For Mr. Waldrop—Messrs. Robert G. Scott, Lyons, Davis, Francis 
W. Scott, Morris and John A. Carter—6. 

No person having a majority, and Mr. Tyler having been dropped under 
the rule, and Mr. Waldrop, Mr. Turner,, and* Mr. Thomason having; 
been withdrawn, the vote was again recorded, as follows: 

For Mr. Gray—Mr. Stuart—1. 

For Mr. Yager—Messrs. Barbour, Banks, Woolfolk, Janney, Robert 
E. Scott, Strother and Chilton—7. 

For Mr. Blanche—Messrs. Chambliss, Jones, Tredway, Edmunds* 
Whittle, Goode, Chambers, Purkins, Worsham, Shell, Turnbull, Scoggjn, 
and John A. Carter—13. 

For Mr. Fisher—Messrs. Cox, Wallace, Rives, Meredith, Lyons, Stan¬ 
ard, Bowden, Edwards, Snowden, Ira Williams, Claiborne, Hill, Wingfield,. 
Southall, Randolph, Ligon, Cocke, Letcher, Moore, Sheffy, Stephenson,. 
Fultz, Kenney, Deneale, Newman, Lionberger, Samuels, Cook, Williams, 
Faulkner, Lucas, Murphy, Hunter, Stewfirt, Sloan, Byrd, Blue,. John¬ 
ston, Camden, Van Winkle, Armstrong, Carlile, Fisher, Ferguson, Price, 
William Smith, Benjamin H. Smith, McCamant, Chapman, Pendleton, 
Floyd, George W. Hopkins, Tate, Kilgore and Dale Carter—55. 

For Mr. Gayle—Messrs. Mason, (Pres’t.) Finney, Wise, Samuel 
Watts, Petty, Arthur R. Smith, Taylor, Tunis, Ridley, Burgess, Robert 
G. Scott, Botts, Davis, McCandlish, M. R. II. Garnett, James Smith, 
Muscoe Garnett, Francis W. Scott, Braxton, Conway, Douglas, Morris, 
Beale, Straughan, Hall, Moncure, William Martin, Stuart, Bocock, Flood, 
Fuqua, Henry L. Hopkins, Lynch, Saunders, v ; Garland, Leake, Bowles, 
Seymour, Jefferson T. Martin, Jacob, Knote, Gaily, Snodgrass, Brown, 
Willey, Neeson, Hays, Smith, Bland, McComas, Summers, Hoge, Caper- 
ton and Fulkerson—54. 

No person having a majority, and Mr. Gray having been dropped, under 
the rule, and Messrs. Yager and Blanche having been withdrawn by Mr. 
Banks and Mr. Tredway, the vote was again recorded as follows : 

For Mr. Fisher—Messrs. Cox, Wallace, Rives, Jones, Meredith, Lyons, 
Stanard, Bowden, Edwards, Snowden, Ira Williams, Claiborne, Edmunds, 
Tredway, Whittle, Goode, Purkins, Worsham, Turnbull, Hill, Wingfield, 
Arthur, Southall, Randolph, Ligon, Cocke, Barbour, Banks, Woolfolk, 
Strother, Chilton, Watts, Letcher, Moore, Sheffy, Stephenson, Fultz, 
Kenney, Deneale, Newman, Lionberger, Samuels, Cook, Samuel C. Wil¬ 
liams, I aulkner, Lucas, Murphy, Hunter, Stewart, Sloan, Byrd, Blue, 
Johnston, Camden, Van Winkle, Armstrong, Carlile, Fisher, Ferguson, 
Price, William Smith, Benjamin H. Smith, McCamant, Chapman, Pendle¬ 
ton^ Floyd, Geo. W. Hopkins, Tate, Kilgore and Dale Carter—69. 

I or Mr. Gayle—Messrs. Mason, (Pres’t.) Finney, Wise, Samuel 


19 


Watts, Petty, Arthur R. Smith, Taylor, Tunis, Ridley, Chambliss, Bur¬ 
gess, Robert G. Scott, Botts, Davis, McCandlish, M. R. H. Garnett, Jas. 
Smith, Muscoe Garnett, Francis W. Scott, Braxton, Conway, Douglas, 
Morris, Beale, Straughan, Hall, Moncure, William Martin, Stuart, Cham¬ 
bers, Bocock, Flood, Sceggin, Fuqua, Henry L. Hopkins, Lynch, Saun¬ 
ders, Garland, Leake, Bowles, John A. Carter, Janney, Robert E. Scott, 
-Seymour, Jefferson T. Martin, Jacob, Knote, Gaily, Snodgrass, Brown, 
Willey, Neeson, Hays, Joseph Smith, Bland, McComas, Summers, Hoge, 
Caperton and Fulkerson—60. 

Thereupon, Daniel Fisher was declared appointed first Door-Iveeper. 

The next business in order being the appointment of second Door-Keep¬ 
er, Mr. Scott, of Fauquier, nominated Elijah M. Merchant ; Mr. Leake 
nominated Isaac A. Turner; Mr. McCandlish nominated Edward T. 
Gayle; Mr. Stanard nominated Geo. TV. H Tyler; Mr. Jefferson 
T. Martin nominated David McLane ; Mr. Davis nominated John Car - 
ter Page ; Mr. Banks nominated Salathiel TV. Yager; Mr. Claiborne 
nominated Samuel H. Jeter ; and the vote having been taken,resulted as 
follows: 

For Mr. Merchant—Messrs. Samuel Watts, Moncure, Edwards, Snow- 
’den, Edmunds, Whittle, Goode, Shell, Southall, John A. Carter, Janney, 
Robert E. Scott, Strother, Chilton, Moore and Hunter—16. 

For Mr. Turner—Messrs. Fuqua, Randolph, Leake, Bowles, Cocke and 
Deneale— J 6. 

For Mr. Gayle—Messrs. Mason, (Pres ? t.) Finney, Wise, Chambliss, 
Wallace, Bowden, McCandlish, M. R. H. Garnett, James Smith, Muscoc 
Garnett, Francis W. Scott, Braxton, Conway, Douglas, Morris, Beale, 
Straughan, Hall, Stuart, Chambers, Purkins, Letcher, Stephens, Mur¬ 
phy, Willey, Carlile, Bland, Summers, Hoge, McCamant, Pendleton and 
Dale Carter—31. 

For Mr- Tyler—Messrs. Tunis, Robert G. Scott, Meredith, Botts, Ly¬ 
ons, Stanard, William Martin, Scoggin, Wingfield, Garland, William 
Watts, Seymour, Faulkner, Sloan and Kilgore—15. 

For Mr. McLane—Messrs. Arthur R. Smith, Arthur, Samuel C. Wil¬ 
liams, Stewart, Byrd, Jefferson T. Martin, Jacob, Knote, Gaily, Johnston, 
Snodgrass, Camden, Van Winkle, Brown, Armstrong, Neeson, McComas, 
Furguson, Floyd, George W. Hopkins and Tate—21. 

For Mr. Page—Mr. Davis—1. 

For Mr. Yager—Messrs. Barbour, Banks, Woolfolk and Lionber- 
ger—4. 

For Mr. Jeter—Messrs. Petty, Taylor, Ridley, Cox, Rives, Jones, 
Claiborne, Tredway, Bocock, Worsham, Flood, Turnbull, Hill, Henry L. 
Hopkins, Lynch, Ligon, Sheffy, Fultz, Kenney, Newman, Samuels, Cook, 
Lucas, Fisher, Price, William Smith and Fulkerson—27. 

No person having received a majority, and Mr. Page having been drop¬ 
ped under the rule, and Mr. Banks having withdrawn Mr. Yager, and 
Mr. Leake having withdrawn Mr. Turner, the vote was again recorded, 
as follows: 

For Mr. Merchant—Messrs. Samuel Watts, Moncure, Edwards, 
Snowden, Whittle, Shell, Southall, Banks, John A. Carter, Janney, Robert 
E. Scott, Strother, Chilton and Moore—-14. 

For Mr, Gayle—Messers. Mason, (Pres’t.) Finney, Wise, Chambliss, 


20 


Burgess, Wallace, Bowden, McCandlish, M. R. H. Garnett, James Smith, 
Muscoe Garnett, Braxton, Conway, Douglas, Morris, Straughan, Stuart, 
Chambers, Saunders, Garland, Randolph, Bowles, Letcher, Stephenson, 
Deneale, Murphy, Willey, Carlile, Bland, Hoge, McCamant, Caperton, 
Kilgore and Dale Carter—34. 

For Mr. Tyler—Messrs. Robert G. Scott, Meredith, Botts, Lyons, 
Stanard, Davis, Francis W. Scott, William Martin, Purkins, Scoggin, 
Wingfield, Cocke, William Watts, Seymour, Faulkner, Sloan and Benja¬ 
min H. Smith—17. 

For Mr. McLane—Messrs. Arthur R. Smith, Woolfolk, Lionberger, 
Samuel C. Williams, Stewart, Byrd, Jefferson T. Martin, Jacob, Knote, 
Gaily, Johnston, Snodgrass, Camden, Yarn Winkle, Brown, Armstrong, 
Neeson, McComas, Ferguson, Summers and George W. Hopkins—21. 

For Mr. Jeter—Messrs. Petty, Taylor, Tunis,. Ridley,. Cox, Rives, 
Jones, Beale, Hall, Claiborne, Tredway, Edmunds, Goode, Bocock, Wor¬ 
sham, Flood, Turnbull, Hill, Fuqua, Henry L. Hopkins, Lynch,-Arthur,- 
Ligon, Leake, Barbour, Sheffy, Fultz, Kenney, Newman, Samuels, Cook,- 
Lucas, Hunter, Blue, Hays, Fisher, Price, William Smith and Fulker¬ 
son—39. 

No person having received a majority, and Mr. Merchant having been 
dropped, under the rule, and Mr. Jefferson T. Martin having withdrawn' 
Mr. McLane, the vote was again recorded as follows 

For Mr. Gayle—Messrs. Mason, (Pres’t.) Finney, Wise, Samuel 
Watts, Arthur R. Smith, Chambliss, Burgess, Wallace, Bowden, McCand¬ 
lish, M. R. H. Garnett, James Smith, Muscoe Garnett, Braxton, Conway,- 
Douglas, Morris, Straughan, Moncure, Edwards, Stuart, Chambers, Gar¬ 
land, Randolph, Bowles, Stephenson, Deneale, Lionberger,. Murphy, Stew¬ 
art, Jefferson T. Martin, Jacob, Knote, Gaily, Johnston,. Snodgrass, Cam¬ 
den, Yan Winkle, Brown, Armstrong, Willey, Neeson,. Joseph Smith,. 
Carlile, Bland, McComas, Hoge, McCamant, Caperton, Pendleton, Floyd, 
Kilgore and Dale Carter—o3. 

For Mr. Tyler—Messrs. Meredith, Botts, Lyons, Stanard, Davis, Fran¬ 
cis W. Scott, Snowden, William Martin, Purkins, Scoggin, Wingfield, 
Cocke, Banks, John A. Carter, Janney, Strother, William Watts, Moore, 
Faulkner, Sloan, Byrd and Benjamin H. Smith—22. 

For Mr. Jeter—Messrs. Petty, Taylor, Tunis, Ridley, Cox, Rives, 
Jones, R. G. Scott, Beale, Hall, Claiborne, Tredway, Edmunds, Whittle, 
Goode, Bocock, Worsham, Flood, Turnbull, Hill, Fuqua, H. L. Hopkins, 
Lynch, Arthur, Saunders, Southall, Ligon, Leake, Barbour, Woolfolk, 
R. E. Scott, Letcher, Sheffy, Fultz, Kenney, Newman, Samuels, Cooke, 
Samuel C. Williams, Lucas, Hunter, Blue, Hays, Fisher, Summers, Price, 
William Smith, Tate, and Fulkerson—49. 

No person having a majority, and Mr. Tyler having been dropped, under 
the rule, the vote was again recorded as follows: 

For Mr. Gayle—Messrs. Mason, (President,) Finney, Wise, Samuel 
Watts, Chambliss, Burgess, Wallace, Bowden, McCandlish, M. R. H. 
Garnett, James Smith, Muscoe Garnett, Braxton, Conway, Douglas, Mor¬ 
ris, Straughan, Moncure, Stuart, Chambers, Garland, Randolph, Bowles, 
Stephenson, Deneale, Lionberger, Faulkner, Murphy, Stewart, Jefferson T. 
Martin, Jacob, Knote, Gaily, Johnston, Snodgrass' Camden, Yan Winkle, 
Brown, Armstrong, Willeyj Neeson, Joseph Smith, Bland, Hoge, McCa- 


21 


mant, Caperton, Pendleton, Floyd, Geo. W. Hopkins, Kilgore, and Dale 
Carter—52. 

For Mr. Jeter—Messrs. Petty, Arthur R. Smith, Taylor, Tunis, Ridley, 
Cox, Rives, Jones, R. G. Scott, Meredith, Botts, Lyons, Stanard, Davis, 
Francis W. Scott, Beale, Hall, Snowden, Wm. Martin, Claiborne, Tred¬ 
way, Edmunds, Whittle, Goode, Purkins, Bocock, Worsham, Flood, Shell, 
Turnbull, Scoggin, Hill, Fuqua, Henry L. Hopkins, Lynch, Wingfield, 
Arthur, Saunders, Southall, Ligon, Leake, Cocke, Barbour, Banks, Wool- 
folk, John A. Carter, Janney, Robert E. Scott, Strother, Chilton, William 
Watts, Letcher, Moore, Sheffy, Fultz, Kenney, Newman, Samuels, Cook, 
Samuel C. Williams, Lucas, Hunter, Sloan, Byrd, Blue, Hays, McComas, 
Ferguson, Summers, Price, William Smith, Benjamin H. Smith, Tate, and 
F ulkerson—74 

Thereupon, Samuel H. Jeter was declared appointed second Door- 
Keeper. 

On motion of Mr. Chambliss, the Convention adopted the following 
resolution : 

Resolved, That the Secretary of the Convention be directed to wait 
upon the Clergy of the city of Richmond, and request them to make ar¬ 
rangements among themselves to open the session of the Convention 
each morning with prayer. 

Mr. Finney offered the following resolution : 

Resolved , That the Sergeant-at-Arms of this House be authorized 
and required to employ four Pages, whose services are to be for the use 
of the members of this House. 

On motion of Mr. Taylor, the resolution was amended by striking 
out the word “ four” and inserting in lieu thereof the word ‘'two,” and 
then the resolution, as amended, was passed. 

Mr. Snowden offered the following resolution : 

Resolved, That the Secretary of the Convention make arrangements 
for procuring competent stenographers for reporting the proceedings and 
debates of the Convention, and for the publication of the same, and that 
he report to the Convention such arrangements, for their approval or re¬ 
jection. 

Mr. Scott, of Richmond city, moved the following as an amendment: 

Resolved, That a committee he appointed to prepare and submit a 
plan for reporting the proceedings and debates of the Convention. 

Oil motion of Mr. Byrd, the resolution and amendment were laid 
upon the table. 

Mr Taylor submitted the following resolution, which was adopted: 

Resolved, That when this House adjourn, it adjourn to meet at ten 
o’clock to-morrow. 

On motion of Mr. Jacob, the Convention then adjourned. 


Wednesday, October 16, 1850. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Woodbrldge, of the Episcopal church. 

Mr. Faulkner offered the following resolutions, which, on motion of 
Mr. Taylor, were ordered to be laid upon the table and printed: 

Resolved, That the first Auditor be requested to procure at the earliest 
day practicable, and lay before this Convention, the results of the census 



22 


recently taken, under the authority of an act of Congress, of the popula 
lion of the several counties, cities and towns of this Commonwealth, for 
the year 1850; also, to lay before this body the results of the assess¬ 
ments of the lands of this Commonwealth, made in the year 1850; also, 
to prepare and lay before this Convention tabular statements, shewing 
the free white, free coloured, and slave population, for the years 1790, 
1800,1810, 1820, 1830, 1840, and 1850 respectively; the amount of 
taxes assessed for each county, city, and town, together witn the amount 
of taxes accruing upon each subject of taxation for the year 1850 ; the 
amount that would be payable by each county, city, and town, under the 
recent assessment of lands, at the rate of taxation now prescribed by 
law; and the free white, free coloured, and slave tithables of each coun¬ 
ty, city, and town in the year 1850. 

Resolved , That the Auditor be also requested, in addition to such ta¬ 
bular statements in reference to each county, city, and town, to state the 
information above requested in relation to the four great divisions of this 
Commonwealth. 

Mr. Ferguson submitted the following resolution : 

Resolved , That all printing required by the Convention shall be done 
under the direction of the Secretary, and at the price now paid for other 
public printing. 

Mr. Muse or: Garnett moved the following amendment • 

Resolved ', That the Convention proceed to the election of a Printer, 
to do such printing as may be ordered thereby. 

Mr. Letcher submitted the following as an amendment to the 
amendment : 

Resolved , That a Committee consisting of members be appointed 
by the chair, whose duty it shall be to receive proposals for executing 
all such public printing as shall be ordered by the Convention, and to 
contract for the same on the most beneficial terms for the Commonwealth 
in their power. 

The vote being taken upon the amendment to the amendment, it was 
adopted—ayes 88, nays 42. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Finney, Wise, Samuel Watts, Petty, 
Taylor, Tunis. Burgess, Cox, Jones, Botts, Stanard, Bowden, McCand- 
lish, Braxton, Straughan, Edwards, Snowden, Ira Williams, William 
Martin, Stuart, Edmunds, Chambers, Purkins, Flood, Shell, Scoggin, 
Wingfield, Saunders, Southall, Cocke, Banks, John A. Carter, Janney, 
Robert E. Scott, Strother, Chilton, Anderson, Letcher, Moore, ShefFey, 
Stephenson, Fultz, Kenney, Deneale, Newman, Lionberger, Samuels, 
Seymour, Cook, Samuel C. Williams, Faulkner, Lucas, Murphy, Hunt¬ 
er, Stewart, Sloan, Byrd, Jefferson T. Martin, Jacob, Knote, Gaily, John¬ 
ston, Snodgrass, Camden, Van Winkle, Brown, Armstrong, Willey. Nee- 
•son. Hays, Smith, Carlile, Bland, McComas, Summers, Price, William 
Smith, Benjamin H. Smith, Hoge, McCamant. Chapman, Caperton, Pen¬ 
dleton, George W. Hopkins, Tate, Fulkerson, and Dale Carter—S8. 

Nays— Messrs. Arthur R. Smith, Ridley, Chambliss, Wallace, Rives, 
Robert G. Scott, Meredith, Lyons. Davis, M. R. H. Garnett, Jas. Smith, 
Aluscoe Garnett, Francis W. Scott, Conway, Douglas, Morris, Beale, 
Hall, Moncure, Claiborne, Tredway, Whittle, Goode, Bocock, Worsham, 


Turnbull, Hill, Fuqua, Henry L. Hopkins, Lynch, Arthur, Garland, 
Randolph, Ligon, Leake, Bowles, Barbour, Woolfolk, Blue, Fisher, Fer 
guson and Floyd—42. 

The amendment as amended was then adopted—ayes 91, nays 41. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres't.) Finney, Wise, Samuel Watts, Petty, 
Taylor, Tunis, Burgess, Cox, Jones, Meredith, Bolts, Stanard, Bowden, 
McCandlish, James Smith, Muscoe Garnett, Braxton, Straughan, Win, 
L. Fdwnrds, Snowden, Ira Williams, William Martin, Stuart, Fdmunds, 
Purl dns. Flood, Shell, Scoggin, Wingfield, Saunders, Southall, Cocke, 
Banks, John A. Carter, Janney, Robert E. Scott, Strother, Chilton, An¬ 
derson. Letcher, Moore, Sheftey, Stephenson, Fultz, Kenney. Deneale, 
Newman, Lionberger, Samuels, Seymour, Cook, Samuel C. Williams, 
Faulkner, Lucas, Murphy, Hunter, Stewart, Byrd, Jefferson T. Martin, 
Jacob, Kftote. Gaily, Johnston, Snodgrass, Camden, Van Winkle, Brown, 
Armstrong, Willey, Neeson, Hays, Joseph Smith, Carlile, Bland, Me Co¬ 
mas, Summers, Price, William Smith, Benjamin H. Smith, Hoge, McCa- 
mant, Chapman, Caperton, Pendleton, George W. Hopkins, Tate, Fulker¬ 
son, Kilgore, and Dale Carter—91. 

Nays —Messrs. Arthur R. Smith, Ridley, Chambliss, Wallace, Rives, 
Robert G. Scott, Lyons, Davis, M. R. H. Garnett, Francis W. Scott, 
Conway, Douglas, Morris, Beale, Hall, Moncure, Claiborne, Tredway, 
Whittle, Goode, Chambers, Bocock, Worsham, Turnbull, Hill, Fuqua, H. 
L. Hopkins, Lynch, Arthur, Garland, Randolph, Ligon, Leake, Bowles, 
Barbour, Woolfolk, Sloan, Blue, Fisher, Ferguson and Floyd—41. 

On motion of Mr. Letcher, the blank was filled with the word “ five/’ 

Mr. M. R. H. Garnett offered the following amendment to be added at 
the end of the resolution as amended : 

Provided , That such printing will be let to the lowest bidder, who will 
give bond and good security, payable to the Commonwealth of Virginia, 
for the proper execution of the same in a style equal to that now done for 
the Genera] Assembly of Virginia. 

Objection being made to the reception of the amendment, the President 
decided that it was in order, and Mr. Botts appealed from his decision. 
The question was then put, “ Shall the decision of the Chair stand as the 
judgment of the House V 9 and was decided in the affirmative. 

The Convention then adopted the amendment proposed by Mr. M. R. 
H. Garnett, ayes 73, noes 57 ; and upon his motion, the vote was record¬ 
ed, as follows : 

Ayes —Messrs. Mason, (Pres’t.) Finney, Samuel Watts, Petty, Taylor, 
Tunis, Ridley, Chambliss, Burgess, Rives, Jones, Meredith, Botts, Stan¬ 
ard, Davis, Bowden, M. R. H. Garnett, Francis W. Scott, Conway, 
Douglas, Morris, Beale, Straughan, Hall, Moncure, William L. Edwards, 
Snowden, Ira Williams, William Martin, Claiborne, Stuart, Edmunds, 
Whittle, Goode, Chambers, Purkins, Bocock, Worsham, Flood, Shell, 
Scoggin, Lynch, Wingfield, Arthur, Garland, Southall, Ligon, Barbour, 
Banks, John A. Carter, Strother, Chilton, Moore, Kenney, Newman, Sam¬ 
uel C. Williams, Lucas, Murphy, Stewart, Byrd, Knote, Brown, Arm¬ 
strong, Neeson, Hays, Price, William Smith, Caperton, Pendleton, I loyd, 
Fulkerson, Kilgore, and Dale Carter—73. 

Nays —Messrs. Wise, Arthur R. Smith, Cox, Wallace, Robt. G. Scott, 


24 


Lyons, McCandlish, James Smith, Muscoe Garnett, Braxton, Tredway, 
Turnbull, Hill, Fuqun, Henry L. Hopkins, Saunders, Randolph, Leake, 
Bowles, Cocke, Woolfolk, Janney, Robert E. Scott, Anderson, Letcher, 
Sheffy, Stephenson, Fultz, Deneale, Lionberger, Samuels, Seymour, Cook, 
Faulkner, Hunter, Sloan, Blue, Jefferson T. Martin, Jacob, Gaily, John¬ 
ston, Snodgrass, Camden, Van Winkle, Willey, Joseph Smith, Garble, 
Bland, Fisher, Ferguson, Summers, Benj. II. Smith, Hoge, McCamant, 
Chapman, George W. Hopkins, and Tate—*57. 

Mr. Hoge moved to lay the resolution, as amended, on the table, and it 
was decided in the negative. 

The resolution, as amended, was then adopted as follows: 

Resolved , That a committee consisting of five members be appointed by 
the Chair, whose duty it shall be to receive proposals for executing all such 
public printing as shall be ordered by the Convention, and to contract for 
the same on the most beneficial terms for the Commonwealth in their pow¬ 
er : Provided , That such printing be let to the lowest bidder, who will 
give bond and good security, payable to the Commonwealth of Virginia,, 
for the proper execution of the same, in a style equal to that now done for 
the General Assembly of Virginia. 

On motion of Mr. Stanard, the vote on said resolution was recorded, 
as follows: 

Ayes —Messrs. Mason, (Pres’t.) Finney, Samuel Watts, Petty, Taylor, 
Tunis, Chambliss, Burgess, Cox, Jones, Meredith, Botts, Stanard, James 
Smith, Francis W. Scott, Straughan, Moncure, Win. L. Edwards, Snow¬ 
den, Ira Williams, William Martin, Claiborne, Stuart, Edmunds, Flood, 
Shell, Scoggin, Lynch, Wingfield, Arthur, Saunders, Garland, Banks, John 
A. Carter, Janney, Robert E. Scott, Strother, Anderson, Letcher, Moore, 
Sheffy, Stephenson, Fultz, Kenney, Deneale, Newman, Lionberger, Sam¬ 
uels, Seymour, Samuel C. Williams, Faulkner, Lucas, Murphy, Hunter, 
Stewart, Sloan, Byrd, JeffersonT. Martin, Jacob, Knote, Gaily, Johnston, 
Snodgrass, Camden, Van Winkle, Brown, Armstrong, Willey, Mason, 
Hays, Joseph Smith, Carlile, Bland, Ferguson, Summers, Price, William 
Smith, Benjamin H. Smith, McCamant, Chapman, Pendleton, Hopkins, 
Tate, Fulkerson, Kilgore, and Dale Carter—86. 

Nays —Messrs. Arthur R. Smith, Ridley, Wallace, Rives, Robert G. 
Scott, Lyons, Davis, McCandlish, AT. R. II. Garnett, Muscoe Garnett, 
Braxton, Conway, Douglas, Morris, Beale, Hall, Tredway, Whittle, 
Goode, Chambers, Purkins, Bocock, Worsham, Turnbull, Hill, Fuqua, H. 
L. Hopkins, Southall, Randolph, Ligon, Leake, Bowles, Cocke, Barbour, 
Woolfolk, Chilton, Blue, McComas, and Floyd—31). 

Mr. Scott, of Richmond city, offered the following resolutions, which 
were, on motion, ordered to be laid on the table and printed : 

Resolved , That the following committees be appointed : 

1. A committee whose duty it shall be to report upon the Declaration or 
Bill of Rights, and submit amendments thereto, as may seem wise. 

2. A committee who shall enquire and report whether any, and if any, 
what amendments are necessary to the existing constitution in the organiza¬ 
tion of the Executive department. 

. 3. A committee who shall consider and report a plan for the organiza¬ 
tion of the Legislative department of the government, and prescribing a 
just and proper representation therein. 


25 


4. A committee on the Judiciary department, who shall report what 
amendments are necessary to that now existing. 

5. A committee who shall take into consideration the right of suffrage, 
as prescribed by the present constitution, and all such other parts of the 
■constitution as are not referred to another committee by the foregoing reso¬ 
lutions. 

The following resolution, presented by Mr. Scott, of Richmond city, 
was adopted : 

Resolved, That the President appoint a committee of elections, to whom 
shall be referred the returns of delegates, and all matters relating to con¬ 
tests for seats. 

The President announced the following committee under the resolution 
just adopted : 

Messrs. Robert G. Scott, McCandlish, Moncure, Leake, Banks, Moore, 
Carlile, Benjamin H, Smith and Dale Carter. 

Mr. Brown offered the following resolutions, which were ordered to be 
laid upon the table and printed : 

Resolved, That a committee be appointed to enquire what description 
of persons ought to exercise the right of suffrage, and report their opinions 
thereon to this Convention. 

Resolved, That a committee be appointed to take into consideration the 
•qualification and description of persons to be elected to the various offices, 
now existing or which may hereafter be created by law, and report their 
opinions thereon to this Convention. 

On motion of Mr. Hopkins, of Powhatan, the Convention adopted the 
following resolution : 

Resolved, That a committee be appointed to report rules for the gov¬ 
ernment of this Convention. 

The President announced the following committee under thesaid resolution: 

Messrs. Hopkins, of Powhatan, Southall, Goode, Strother, Hays, Watts, 
of Norfolk county, Hopkins, of Washington, Sheffy, Chapman. 

Mr. Carlile submitted, the following resolution, which, on his motion, 
was laid upon the table and ordered to be printed : 

Resolved, That the Second Auditor be requested as early as practicable 
to prepare and lay before this Convention the number and character of the 
various works of internal improvement authorized to be constructed in the 
several grand divisions of the State, the amount appropriated and expend¬ 
ed, and the amount authorized to be expended for such works in each of 
the said divisions; also, the times when the sums of money borrowed for the 
construction of such works are payable, and the rate of interest paid on 
such loans ; also, the times when the laws authorizing the construction of 
each of said works were passed, and the several acts increasing thesaid ap¬ 
propriations were passed, the interest the State has in each of said works, 
and the dividends received from each of said works ; also, the amount 
guarantied by the State for internal improvement; the names of said 
works; the amount guarantied for each, and the times when the said 
guarantied bonds are payable ; also, the interest they bear; also, the 
amount loaned to companies to pay interest on guarantied bonds. 

Mr. Blue offered the following resolution, which was adopted: 

Resolved, That the Secretary be authorized and required to purch' e 
for the Convention the necessary stationery. 

4 


26 


Mr. Byrd offered the following resolution,, which was laid upon the ta¬ 
ble and ordered to be printed: 

Resolved, That a committee of be appointed to enquire and report 
what method will be most expedient in bringing before the Convention 
amendments to the Constitution, which may be proposed. 

Mr. Bocock submitted the following resolutions, which were laid on the 
table and ordered to be printed : 

Resolved , That a committee of members be appointed to consider 
the Bill of Rights, and report what amendments, if any, are necessary 
therein. 

Resolved, That a committee of members be appointed, whose duty 
it shall be to prepare and report a plan for organizing the Executive de¬ 
partment of the government. 

Resolved , That a committee of members be appointed, whose duty 
it shall be to prepare and report a plan for organizing the Legislative de¬ 
partment of the government. 

Resolved , That a committee of members be appointed, whose duty 
it shall be to prepare and report a plan for organizing the Judicial depart¬ 
ment of the government. 

Mr. Martin, of Marshall, proposed the following resolution, which, on 
his motion, was laid upon the table and ordered to be printed : 

Resolved , That a committee of thirteen be appointed on the subject of 
education, whose duty it shall be to take into consideration the propriety of 
incorporating a permanent system of primary schools into the organic law 
of the State. 

Mr. Jacob presented the following resolutions, which were ordered to be 
laid upon the table and printed : 

Resolved, That a committee be appointed to take into consideration the 
right of suffrage, and qualifications of persons to be elected, and to make 
report thereon to this Convention. 

Resolved , That a committee be appointed to take into consideration the 
basis of representation in the Legislative department of the government, 
and the proper mode of apportioning representation among the people, and to 
make report thereon to this Convention. 

Resolved, That a committee be appointed to take into consideration all 
matters relating to the Legislative department of the government, not em¬ 
braced in the last preceding resolution, and to make report thereon to this 
Convention. 

Resolved, That a committee be appointed to take into consideration so 
much of the Executive department of the government as relates to a Gov¬ 
ernor or Chief Magistrate of the Commonwealth, and Council of State, and 
make report thereon to this Convention. 

Resolved, That a committee be appointed to take into consideration all 
matters relating to the Executive department of the government, not em¬ 
braced in the last preceding resolution, and to make report thereon to this 
Convention. 

Resolved, That a committee be appointed to take into consideration the 
County Courts, and to make report thereon to this Convention. 

Resolved, That a committee be appointed to take into consideration the 
mode of appointing the Judges of the Courts, and their tenure of office and 
compensation, and to make report thereon to this Convention. 


27 


Resolved, That a committee be appointed to take into consideration all 
(matters relating to the Judicial department of the government, not em¬ 
braced in the last two preceding resolutions, and to make report thereon to 
this Convention. 

Resolved\ That a committee be appointed to take into consideration the 
'bill or declaration of rights, and all such parts of the present constitution 
as are not embraced in the foregoing resolutions, and to make report there¬ 
on to this Convention. 

Resolved , That each committee to be appointed under the foregoing re¬ 
solutions shall consist, of members. 

Mr. McCamant submitted the following resolution, which was adopted: 

Resolved, That the reporters for the newspapers be admitted to seats 
for the purpose of taking notes of the proceedings of the Convention. 

Mr. Hunter presented tho following resolution, which, on his motion, 
was laid upon the table and ordered to be printed : 

Resolved , That a committee be appointed to consider and report what 
limitations upon the Legislative power should be incorporated into the 
constitution. 

On motion of Mr. Purkins, it was 

Resolved , That when this Convention adjourn, it adjourn to meet at 12 
o’clock each day. 

On motion of Mr. Hopkins, of Washington, it was 

Resolved , That the Secretary have the rules of the House of Delegates 
printed for the use of the Convention. 

The following resolution, submitted by Mr. Douglas, was, on his motion, 
laid upon the table and printed : 

Resolved, That a committee of be appointed to enquire and report 
if any, and what limitations and restrictions are necessary to be imposed 
«on the powers of the General Assembly, over the subjects of debt and ex¬ 
penditure. 

On motion of Mr. Bowden, leave of absence was granted to Henry A. 
Wise for one week from this day. 

On motion of Mr. Braxton, it was 

Resolved, That a committee of seven members be appointed to take 
into consideration the proper compensation to be paid to the officers of this 
Convention, and make report thereof. 

Mr. Faulkner offered the following resolution, which was laid upon 
the table and ordered to be printed : 

Resolved, That so much of the existing constitution as relates to the 
mode of appointing all officers of this Commonwealth other than Execu¬ 
tive and Judicial officers, together with their terms of office, be referred to 
a committee to enquire and report what alterations and amendments, if any, 
should be made therein. 

On motion of Mr. Pendleton, the Convention adjourned. 


Thursday, October 17, 1850. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Jones, of the Episcopal church. 

On motion of Mr. Faulkner, the Convention agreed to take up and 



28 


consider certain resolutions submitted by him yesterday, requesting; the 
First Auditor to furnish the information called for therein. 

Mr. Camden moved to amend the first resolution, by inserting after the 
word “town” where it occurs the second time, the following: “ the as¬ 
sessed average value of the lands per acre, and the value of the lots and 
buildings, in the several counties, cities and towns, at the periods afore¬ 
said and the amendment w r as adopted. 

Mr. Scott, of Fauquier, moved farther to amend the first resolution, by 
adding at the end thereof the following: u and in the years 1840 and 1830 ; 
and that he compute the number of free white, free black and slave popu¬ 
lation of 1850, of each county r city and town, from a comparison of the 
tithables and population at the periods aforesaid”—which amendment was 
adopted. 

Mr. Carlile moved that the resolutions as amended le laid upoB the 
table ; ami the motion, being put to the Convention, was rejected,, and the 
resolutions as amended were adopted, and are as follows : 

Resolved , That the First Auditor be requested to procure at the earliest 
day practicable, and lay before this Convention, the results of the census 
recently taken, under the authority of an act of Congress, of the popula¬ 
tion of the several counties, cities and towns of this commonwealth, for the 
year 1850 ; also, to lay before this body the results of the assessments of 
the lands of this commonwealth made in the year 1850; also, to prepare, 
and lay before this Convention, tabular statements, showing the free white, 
free coloured and slave population for the years 1790V 1800, 1810, 1820, 
1830, 1840, and 1850; the amount of taxes assessed tm each county, city 
and town ; the assessed average value of the lands per acre, and the value 
of the lots and buildings in the several counties, cities and towns, at the 
periods aforesaid ; together with the amount of taxes accruing on each 
subject oi taxation for the year 1850 ; the amount that would be payable 
by each county, city and town, under the recent assessment of lands,, at the 
rate of taxation now prescribed by law; and the free white, free coloured! 
and slave tithables of each county, city and town, in the year 1850, and in 
the years 1840 and 1830; and that he compute the number of free white, 
free black, and slave population of 1850, of each county, city and town, 
from a comparison of the tithables and population at the periods aforesaid. 

Resolved , That the Auditor be also requested, in addition to such tabu¬ 
lar statements in reference 1o each county, city and town, to state the 
information above requested in relation to the four great divisions of the 
commonwealth. 

On motion of Mr. Byrd, the following resolution, submitted by him yes¬ 
terday, was taken up and considered : 

Resolved, r \ hat a committee .of be appointed to enquire and report 
what method will be most expedient in bringing before the Convention 
amendments to the Constitution, which may be proposed. 

Mr. Scott, of Richmond city, moved as an amendment the resolutions 
submitted by him yesterday, and which were laid upon the table. 

Mr. Conw t ay offered the following as an amendment to the amendment : 

Resolved , That the most expedient mode of bringing before the Conven¬ 
tion any amendments to the Constitution which may be proposed, will be 
to take up the existing Constitution wfith the Declaration of Rights, and 
regarding them, for the purposes of examination and discussion, merely as: 


29 


a plan proposed and reported by a select committee, to refer the same to a 
•committee of the whole house, there to be examined section by section, 
and to be dealt with in all other respects as a bill so referred by the house 
to that committee usually is. 

The question being upon the adoption of the amendment to the amend¬ 
ment, Mr. Wallace demanded the previous question, and it was sustained. 
The main question being then put, the amendment to the amendment was 
rejected. 

The amendment to the resolution being under consideration, Mr. Wool- 
folk demanded that the main question be put, and was sustained, and the 
•amendment rejected. 

Mr. Stewart moved to fill the blank in the resolution with “ twenty- 
one.’’ Mr. Camden moved to fill the blank with twenty-four, and Mr. 
Anderson with thirteen ; and the question being put, the Convention re¬ 
jected the numbers “ 24” and a 21,” and agreed to fill the blank with 
Ul 13.” The resolution as amended was then adopted. 

Mr. Goode submitted the following resolution, which was adopted : 

Resolved , That the First Auditor be requested to furnish to this Con¬ 
vention an account of disbursements through his office, from the first day of 
October, 1849, to the 30th of September, 1850, inclusive; classifying the 
•same, so far as practicable, by counties and cities; arranging such coun¬ 
ties and cities into the four grand divisions of the state ; and apportioning 
so much of the said expenditure as cannot be assigned to a county or city 
40iits appropriate grand division. 

’0n the motion of Mr. Hall, the Convention adopted the following reso¬ 
lution:: 

Resolved , That the Bill of Rights and present Constitution of Virginia 
be printed for the use of the members of this Convention. 

On (motion of Mr. Carlile, the Convention agreed to take up and con¬ 
sider a resolution offered by him yesterday. 

On motion of Mr. Bowden, the resolution was amended, by inserting 
after the word u payable,” where it occurs the last time, the following: 
u and the amount for which the said bonds were sold, and the time when 
sold.” 

On motion of Mr. Janney, the resolution was farther amended, by add¬ 
ing, at the end thereof, the following: u and that he distinguish between 
the amounts paid for the respective w r orks of internal improvement out ot 
the treasury of the commonwealth and those derived from other sources.’ 
The resolution as amended was then adopted, and is as follows: 

Resolved , That the Second Auditor be requested as early as practicable 
to prepare and lay before this Convention the number and character of the 
various works of internal improvement authorized to be constructed in the 
several grand divisions of the State; the amount appropriated and ex¬ 
pended, and the amount authorized to be expended for such works in each 
of said divisions; also, the times when the sums of money borrowed for 
the construction of the said works are payable, and the rate of interest paid 
on such loans; also, the times when the laws authorizing the construction 
of each of said works were passed ; and the several acts increasing the 
said appropriations were passed; the interest the State has in each of said 
works, and the dividends received from each of said works; also, the 
amount guarantied by the State for internal improvement; the names of 


30 


said works; the amount guarantied for each, and the times when the said 
guarantied bonds are payable, and the amount for which the said bonds 
were sold and the time when sold ; also, the interest they bear; also, the 
amount loaned to companies to pay interest upon guarantied bonds; and 
that he distinguish between the amounts paid for the respective works of 
internal improvement out of the treasury of the Commonwealth, and those 
derived from other sources. 

On motion of Mr. Snowden, a resolution offered by him on yesterday, 
together with an amendment proposed by Mr. Scott, of Richmond city, 
were taken up and considered. The question being upon the adoption of 
the amendment, it was decided in the affirmative, and then the resolution, 
as amended, was adopted, as follows: 

Resolved , That a committee be appointed to prepare and submit a plan 
for reporting the proceedings and debates of the Convention. 

The following resolution, proposed by Mr. Beale, was laid upon the 
table: 

Resolved , That the Secretary, before the assembling of the Convention 
to-morrow, number the seats in this Hall, and write each number upon a 
slip of paper, which slips of paper he shall place in a hat; that the Presi¬ 
dent then cause all the seats to be vacated, and each member to draw in 
the order of his enrolment a slip from the hat, which shall entitle him to 
occupy the seat corresponding to the number drawn. 

Mr. Hopkins, of Powhatan, moved that the Convention do adjourn, and 
it was decided in the negative. 

Mr. Floyd offered the following resolution, which was laid upon the ta¬ 
ble and ordered to be printed : 

Resolved , That a committee of be appointed to enquire and report 
if any, and what limitations and restrictions, are necessary to be imposed 
on the powers of the Legislative department over the subject of slavery, 
and if any, and what restrictions, it is expedient to impose upon individuals 
emancipating their slaves. 

The following resolution, offered by Mr. Muscoe Garnett, was, on 
motion of Mr. Strother, laid upon the table: 

Resolved , That the First Auditor be requested to furnish to the Con¬ 
vention a full statement showing the entire indebtedness and all the liabili¬ 
ties of the State, no matter for what purpose created or incurred, and the 
amount of interest paid thereon, and by whom paid. 

The following committee on printing was appointed under a resolution 
adopted on yesterday: 

Messrs. Ferguson, Muscoe Garnett, Letcher, Snowden, Worsham. 

On motion of Mr. Pendleton, the Convention adjourned. 


Friday, October 18/1850. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Kepler, of the Episcopal church. 

The President announced the following committees : 

Committee to prepare a plan for reporting the proceedings of the Con¬ 
vention : 

Messrs. Snowden, Scott, of Richmond city, Leake, Sheffy, Martin, of 
of Marshall. 



Committee of Thirteen on the method of proceeding in amending the 
constitution: 

Messrs. Byrd, Seymour, Letcher, Jacob, Summers, Hopkins, of Wash¬ 
ington, Edmunds, Randolph, Scott, of Fauquier, Janney, Moncure, Lyons, 
Cox. 

Committee on compensation of officers: 

Messrs. Braxton, Strother, Pendleton, Banks, Taylor, Anderson, 
Chambers. 

On motion of Mr. Straugiian, the Convention agreed to take up and 
consider a resolution offered yesterday by Mr. Beale, prescribing the mode 
in which members of the Convention should select their seats, Mr. Fin¬ 
ney moved that the resolution be indefinitely postponed; and after debate 
thereon, Mr. Taylor demanded that the main question be put, and was 
sustained; and the Convention agreed to postpone the resolution indefi¬ 
nitely—ayes 63, noes 54. 

On motion of Mr. Anderson, the vote was recorded, as follows: 

Ayes —Messrs. Finney, Samuel Watts, Petty, Taylor, Tunis, Ridley, 
Chambliss, Burgess, Rives, Jones, Meredith, Stanard, Bowden, Muscoe 
Garnett, Braxton, Conway, Douglas, Morris, Edwards, Claiborne, Tred- 
way, Edmunds, Chambers, Purkins, Worsham, Flood, Shell, Turnbull, 
Fuqua, Henry L. Hopkins, Lynch, Arthur, Randolph, Bowles, Cocke, 
Barbour, Banks, Woolfolk, John A. Carter, Janney, White, Robert E. 
Scott, Strother, Chilton, Letcher, Moore, Stephenson, Fultz, Deneale, 
Newman, Lionberger, Samuels, Cook, Faulkner, Murphy, Stewart, Jacob, 
Knote, Gaily, Summers, Hoge, McCamant and Dale Carter—63. 

JVays —Messrs. Mason, (Pres’t.) Arthur R. Smith, Wallace, Botts, Da¬ 
vis, M. R. H. Garnett, James Smith, Beale, Straughan, Hall, Moncure, 
Snowden, Ira Williams, William Martin, Stuart, Whittle, Goode, Bocock, 
Scoggin, Hill, Wingfield, Saunders, Garland, Southall, Ligon, Leake, 
Miller, Anderson, Kenney, Seymour, Lucas, Hunter, Sloan, Byrd, Blue, 
Jefferson T. Martin, Johnston. Snodgrass, Camden, Yan Winkle, Brown, 
Armstrong, Willey, Neeson. Hays. Carlile, Bland, William Smith, Pen¬ 
dleton, Floyd, George W. Hopkins, Tate, Fulkerson and Kilgore—54. 

On motion of Mr. Strother, the Convention agreed to take up and 
consider a resolution offered yesterday by Mr. Muscoe Garnett, calling 
upon the Second Auditor for certain information. 

By leave of the Convention, Mr. Garnett withdrew the said resolu¬ 
tion and submitted the following, which was adopted : 

Resolved , That the Second Auditor be requested to furnish to the Con¬ 
vention tabular statements showing the whole debt, liabilities, and resources 
of the State on the 30th of September, 1850, and also the amount of inter¬ 
est paid on such debt and liabilities, and by whom paid; also, the receipts 
from such resources. 

Mr. Fuqua submitted the following resolution, which, on motion of 
Mr. Taylor, was laid on the table: 

Resolved , That the Clerk of the House of Delegates be requested to 
furnish to the Convention copies of the reports of the Clerks of the re¬ 
spective Courts of the State, required by law to be made to him, relative 
to the business of said courts, for the yearsT849 and 1850, at as early a 
day as practicable. 

On motion of Mr. Randolph, it was ordered that all of the resolutions 


32 


\ 


which have been offered providing for committees to take into considera¬ 
tion amendments to the Bill of Rights and the Constitution, be referred 
to the Committee of Thirteen, charged with reporting a method of pro¬ 
ceeding. 

Mr. Jefferson T. Martin submitted the following resolution, which, 
upon his motion, was laid upon the table : 

Resolved, That a committee of be appointed to take into considera¬ 
tion and report to this ( onvention the best and most equitable principle of 
taxation, and also the checks and balances necessary to be thrown around 
the appropriating power of the General Assembly, in order to protect and 
secure the rights and interests of all portions of the Commonwealth. 

The following resolution, submitted by Mr. Chambliss, was laid upon 
the table: 

Resolved, That the First Auditor furnish the Convention with a state¬ 
ment showing the value of all the property in each of the counties, cities, 
and towns in the Commonwealth on which taxes were paid in the years 
1849 and 1850, exhibiting the value in each of the grand divisions of the 
State. 

On motion of Mr. M. R. H. Garnett, the following resolution was 
adopted: 

Resolved, That the First Auditor be requested to report as soon as prac¬ 
ticable to the Convention, the aggregate amount of taxes actually collect¬ 
ed in each of the four grand divisions of the State in the several decennial 
periods from 1790 to 1849 inclusive, distinguishing the amounts accruing 
from lands, slaves, horses, merchants’ licenses, and other subjects of taxa¬ 
tion. 

Mr. Neeson submitted the following resolutions, which, on his motion, 
were laid upon the table and ordered to be printed : 

Resolved, That no capitulation tax should be imposed on the free white 
citizens of the State, unless authorized by a vote of two-thirds of the most 
popular branch of the Legislature. 

Resolved, That taxes for the ordinary support of the government should 
be levied exclusively upon property. 

Resolved , That all taxes imposed by the Legislature should be uniform 
throughout the State, so that all property subject to taxation should be lia¬ 
ble therefor, according to one uniform rate on its actual valuation. 

Mr. Purkins offered the following resolution, which, on his motion, was 
laid upon the table and ordered to be printed: 

Resolved , That a committee of thirteen be appointed to enquire if any, 
and what limitations, ought to be imposed on the power of incorporating 
banking and other companies, and report thereon to the Convention. 

Mr. Douglas submitted the following resolution, which, on his motion, 
was ordered to be laid upon the table and printed: 

Resolved, That the right of suffrage should be based upon the payment 
of some state or local tax either on persons or property, and a residence 
of twelve months immediately preceding any election, at which the vote is 
proposed to be given in the town, city or county where such election is 
held, and upon the performance of all duties required by law, or the pay¬ 
ment of all fines and penalties for failure therein. 

On motion of Mr. Bowden, the following resolutions, offered by him, 
were ordered to be laid upon the table and printed : 


33 


Resolved , That the committee on the Legislative department be instruct¬ 
ed to enquire and report on the propriety of inserting the following as sec¬ 
tions of the new or amended constitution: 

J. The Legislature shall not, at any one session, create any debt or 
debts, liability or liabilities of the State, which shall singly or in the ag¬ 
gregate exceed thousand dollars, except for purposes of war or to sup¬ 
press insurrection, unless the same shall be authorized by a law for some 
single object or work, to be distinctly specified therein, which law shall 
provide the ways and means, exclusive of loans to pay the interest of 
each debt or liability as it falls due, and also to pay and discharge the prin¬ 
cipal of such debt or liability within years after the time of the con¬ 
tracting thereof, and shall be irrepealable until such debt or liability and the 
interest thereon are fully paid and discharged ; and all the money to be 
raised by the authority of such law, shall be applied only to the specific 
object stated therein, and to the payment of the debt thereby created. 

2. The L egislature shall not have any power to pass any act or resolu¬ 
tion for the appropriation of any money or the creation of any debt ex¬ 
ceeding the sum of dollars at any onetime, unless the same on its final 
passage shall be voted for by a majority of all the members then elected to 
each branch of the General Assembly, and the yeas and nays thereon en¬ 
tered on the journal. 

3. The Legislature shall not pledge the faith of the State for the pay¬ 
ment of any bonds or other contracts or obligations for the benefit or use 
of any person or persons, corporation or body politic whatever ; but the 
State shall have the right to issue new bonds in payment of its out-stand¬ 
ing obligations or liabilities, whether due or not; the said new bonds, how¬ 
ever, are not to be issued for a larger amount or at a higher rate of inter¬ 
est, than the original obligations they are intended to replace. 

4. Bill> may originate in either House, and be amended, altered, or re¬ 
jected by the other, but no bill shall have the force of a law until on three 
several days, it be read in each House and free discussion be allowed there- 
on, unless in case of great emergency, four-fifths of the House in which the 
bill may be pending, may deem it expedient to dispense with this rule; and 
every bill having passed both Houses, shall be signed by the Speakers of the 
Houses. 

Mr. Straughan submitted the following resolutions, which, on his mo¬ 
tion, were laid upon the table and ordered to be printed: 

Resolved , That a committee of members be appointed to enquire 
what changes, if any, are necessary to make in the appointment and ten¬ 
ure of office of the .Judges of the Court of Appeals. 

2. A committee of members to enquire what changes, if any, are 
necessary to make in the appointment and tenure of office of the Judges of 
the General Court and Circuit Judges. 

3. A committee of members to enquire what changes, if any, are ne¬ 
cessary to make in the appointment and tenure of office of Justices of the 
Peace. 

The following resolution, offered by Mr. Chambers, was, on his motion, 
ordered to lie upon the table and be printed: 

Resolved, That the Clerks of the Court of Appeals at Richmond and at 
Lewisburg be requested to furnish this Convention a statement of the num¬ 
ber of causes on their respective dockets, distinguishing the appeals from 

5 


34 


judgments at law from those from decrees in equity ; the time when each 
appeal was taken, and the present standing of the causes; also, a state¬ 
mentshowing the number of causes decided by the Court of Appeals in the 
last preceding twelve months, distinguishing those decided by the special 
Court from those decided by the Supreme Court of Appeals, and the num¬ 
ber of causes docketed in the Court of Appeals within the last twelve 
months. 

On motion of Mr. Camden, the Convention adopted the following reso¬ 
lution : 

Resolved, That in addition to the information required by the resolution 
adopted on yesterday, on motion of Mr. Carlile, of Barbour, the Seeond 
Auditor be requested to state how many miles of each of the said works 
of internal improvement in said resolution mentioned have been completed, 
and as near as practicable the cost thereof per mile. 

On motion of Mr. Byrd, it was ordered that when this Convention ad¬ 
journ, it adjourn to meet on Monday next at 12 o’clock. 

On motion of Mr. Jacob, the act of the last session of the General As¬ 
sembly providing for the call of a Convention, be printed for the use of the 
Convention. 

On motion of Mr. Carlile, the Convention then adjourned. 


Monday, October 21,1850. 

The convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Hoge of the Presbyterian church. 

Mr. Carlile offered the following resolutions which were ordered, 
Oil his motion, to be laid upon the table and printed. 

Resolved, 1. That the committee on the legislative department of 
(lie government, inquire into and report upon the expediency of pro¬ 
viding constitutional restrictions upon the formation of new counties, 
so that hereafter no new county shall be formed if by doing so it re¬ 
duces any county out of which it is proposed to be formed, either in 
whole or in part, below an area of four hundred square miles, and so 
that no line or boundary of such new county shall run nearer the 
County seat of any county than twelve miles. 

Resolved, 2. That the committee on county organization inquire 
into and report upon the expediency of making it the duty of the le¬ 
gislature at its first session after the adoption of the constitution, to pro¬ 
vide by law for laying off the counties of this state into districts or 
townships of convenient size for the election of at least one justice of 
the peace and one constable (and such other district officers as may 
she created by law) for each of said districts, by the voters of the dis- 
irict, provided, however, that no district shall contain less than fifty, 
nor more than two hundred voters. 

Resolved, 3. That the legislative committee inquire into and report 
Upon the expediency of making it the duty of the general assembly 
to provide by law for the taking of the census of this state in the year 
one thousand eight hundred and fifty-five, and every ten years there¬ 
after, and of apportioning representation in the general assembly 
throughout the state, after the return of every census both state and 
federal. 



35 


Resolved , 4. That the committee on the judiciary inquire into and 
report upon the expediency of abolishing the county courts, and pro¬ 
viding for the holding of four terms of a circuit court in each county 
of the state, in ea~hand every year, and that said committee also in¬ 
quire into and report upon the expediency of limiting the number of 
courts to two ; to wit, a supreme court of appeals and a circuit court 
having both law and equity jurisdiction, and that the state be laid off 
into judicial districts, every two circuits forming a district, and that 
one term of the court of appeals shall be holden every year in each of 
said districts for the determination of such causes as may be taken to 
the court of appeals from the district in which the said court is held, 
and none other, and that the said committee also inquire into and re¬ 
port upon the expediency of electing the judges of the said courts by 
the persons qualified to vote for members of the general assembly, the 
said judges of the wurt of appeals to be elected by the voters of the 
state for a period not exceeding ten years, and the said judges of the 
circuit courts, by the voters of their respective circuits, for a period not 
exceeding six years. 

Resolved , 5. That the same committee inquire into and report upon 
the expediency of making it the duty of the legislature to provide by 
law for the election of one person from each district or township in 
every county, to meet once a year or oftener at the court house of their 
respective counties, for the purpose of auditing all the claims against 
their county, laying trie county levy, establishing precinct or district 
elections, appointing commissioners of elections, establishing, altering, 
or repairing county roads and bridges, and such other business as is 
now transacted by the county courts, which is not strictly judicial. 

Mr. Byrd, fro n the committee of thirteen, made the following re¬ 
port, which, on his motion, was laid upon the table, and ordered to be 
printed : 

The committee of thirteen, appointed to inquire what method will 
be most expedient in bringing before the convention, amendments to 
the constitution which may be proposed, have had the same under 
consideration, and ore of the opinion that the most convenient method 
is to adopt the f Hewing resolutions, viz : 

Resolved , 1st. That a committee of twenty-four members, to be ta¬ 
ken in equal numbers from the four great divisions of the state, re¬ 
spectively, be appr in ted to take into consideration and report a proper 
basis of represent mi n in the two houses of the general assembly, and 
a proper apportionment cd representation among the people of this 
commonwealth. 

2d. That a committee of fifteen members be appointed to take into 
consideration so much of the present constitution, as relates to the 
right of suffrage, end the qualifications of persons to be elected to the 
general assembly , and report such alterations and amendments therein 
as they may dee n necessary and proper. 

3d. That a c<m n ittee of nineteen members be appointed to take 
into consideration U such portions of the present constitution, not em¬ 
braced by the preceding resolution, as relate to the legislative depart¬ 
ment of the government, and report such amendments and alterations 
therein, as they may deem necessary and proper. 

4th. That a committee of fifteen members be appointed to take into 


36 


consideration so much of the present constitution as relates to the 
supreme court of appcsls and the superior courts the mode of ap¬ 
pointment and tenure of office of the judges and officers of said courts, 
(except sheriffs,) and of the attorney general. 

5th. That a committee of fifteen members be appointed to take into 
consideration so much of the present constitution as relates to the 
county courts, county organization and county taxation ; and also, the 
qualifications, mode of appointment, and tenure of office, of justices of 
the peace, sheriffs, and other county officers; and that they report such 
provisions in relation thereto, as they may deem necessary and proper. 

6th. That a committee of fifteen members be appointed to consider 
and report such amendments and alterations as they may deem neces¬ 
sary and proper in those portions of the present constitution which re¬ 
late to the election and appointment, term of office, powers and duties 
of the governor, lieutenant-governor and council ; and all other state 
officers, 1 executive and ministerial. 

7th. That a committee of fifteen members be appointed, whose du¬ 
ty it shall be to inquire and report whether any, and if any, what pro¬ 
visions should be inserted in the constitution in relation to education 
and public instruction. 

8th. That a committee of fifteen members be appointed to take into 
consideration the bill of rights, and alt such parts and portions of the 
present constitution, as are not referred by the foregoing resolutions, 
and report to the convention, either substitutes for the same, or such 
amendments and additions thereto, as in their opinion may be neces¬ 
sary and proper. 

9th. That the reports from the foregoing committees, when made-, 
shall be referred, without debate, to a committee of the whole convention. 

Mr. H opkixs, of Powhatan, from the committee on rules, submitted the 
following report, which was laid on the table and ordered to be printed : 

The committee on Rules, have, according to order, had under con¬ 
sideration, the resolution upon that subject, to them referred, and re¬ 
commend to the convention for the government of its deliberations and 
proceedings, the following 

RULES AND REGULATIONS. 

1. The president of the convention shall take the chair every day 
precisely at the hour to which the convention shall have adjourned 
the day preceding; shall immediately call the members to order, and 
on the appearance of a quorum, shall cause the journal of the prece¬ 
ding day to be read for correction. He shall pr^erve order and deco¬ 
rum ; may speak to points of order in preference to other mem¬ 
bers; rising from his seat for that purpose ; shall decide questions 
of order, subject to an appeal to the convention ; shall daily exam¬ 
ine and correct the journal before it is read ; shall have a general di¬ 
rection of the hall ; may call any member to the chair to perform its 
functions not exceeding one day ; shall set apart seats in the hall 
for the members of the general assembly, and of the executive of 
this state, for the judges of this state, and of the United States ; and 
for such other persons as he may think proper to invite within the 
hail ; for any disturbance or disorder amongst spectators in the hall or 


37 


gallery, he or the chairman of the committee of the whole, (as the 
case may be,) shall have power to order the same to be cleared ; he 
shall apppoint all committees not otherwise ordered ; shall promptly 
call members to order for transgressing the rules ; and when two mem¬ 
bers rise at the same time to address the chair, shall name the one who 
is to speak, taking care however always to allow a member who rises 
and addresses the chair first, to speak first. 

2. No member shall absent himself from the service of the conven- 
vention, unless he be sick and unable to attend. 

3. A member about to speak or deliver any matter to the convention, 
shall rise from his seat , and without advancing, shall, with due re¬ 
spect address, “ Mr. President confining himself strictly to the 
point in debate, avoiding all personality, and indecent and disrespect¬ 
ful language. 

4. No member while addressing the convention, shall call another 
member by name. 

5. No member shall speak more than twice to the same question 
without leave, nor more than once , until every other member intend¬ 
ing to speak shall have spoken. 

6. The rules of parliamentary practice, comprized in Jefferson’s Ma¬ 
nual, shall govern the convention in all cases to which they are ap¬ 
plicable, and consistent with the rules and orders of the convention. 

7. The secretary shall draw up the journals of the convention daily, 
which, after being examined and corrected by the president, and read 
to the convention, shall be printed, and one copy shall be delivered to 
him and one to each member without delay. He shall not suffer any 
member, or other person, to take any records or papers from his table, 
or out of his custody. 

8. A question being once determined, must stand as the judgment 
of the convention, and shall not again be drawn into debate. 

9. While the president is reporting or putting a question, none shall 
entertain private discourse, read, stand up, walk into, or out of the 
house ; and when a motion to lie on the table is made, there shall be 
no debate upon that, or any incidental question arising out of it, in¬ 
cluding an appeal. 

10. No member shall vote upon any question touching his own con¬ 
duct or privilege as a member, nor in any other case, where he was not 
in the hall, when the question was put, either in the house or com¬ 
mittee of the whole. 

11. A majority of the members of the convention shall be necessary 
to transact business, and every question shall be determined accord¬ 
ing to the vote of the majority of the members present. Any smaller 
number shall be sufficient to adjourn, and fifteen to call a house, and 
send for the absent, and make any order for their censure or discharge. 

12. A majority of any committee shall be necessary to transact bu¬ 
siness. 

13. Any person who shall tamper with any witness in respect to 
his evidence to be given in this convention, or before any of its com¬ 
mittees, or who shall directly or indirectly attempt to deter, or hinder 
any person from appearing, or giving evidence, shall be deemed to 
have committed a high crime, and shall be punished accordingly. 


38 


14. No person shall be taken into custody by the sergeant at aims 
on any complaint of a breach of privilege, until the matter of such 
complaint shall be examined by a committee and reported to the house. 

15. The sergeant’s fees shall be as follows : for taking a person into 
custody two dollars ; for every day detained in custody two dollars ; 
for sending a messenger to take any person in custody by warrant 
from the president, eight cents per mile for going and the same for re¬ 
turning. 

16. On a call of the house, the doors shall not be shut against any 
member until his name is once called and noted as an absentee. 

IT. When any member shall remain in his seat two days after leave 
of absence, such leave shall be void. 

18. No business shall be introduced, taken up, or considered, after 
12 o’clock, until the orders of the day shall be disposed of, except that 
an order of the day commenced may continue from day to day until 
finished, to the exclusion of other orders. 

19. Any member (seven others concurring) shall have a right to de¬ 
mand the ayes and noes upon any question, at any time before it be 
put, and in such case, the names of the members shall be called by 
the secretary, and the ayes and noes entered respectively on the jour¬ 
nal ; and the question decided as a majority of votes shall thereupon 
appear. But after the ayes and noes are separately taken, and before 
they are counted and entered on the journal, the secretary shall read 
over the names of those who voted in the affirmative, and of those 
who voted in the negative, in order that any mistake in the listing of 
names and votes maybe corrected. 

20. The petitioner who contests the election of a member returned 
to serve in this convention, shall receive his wages only from the day 
on which he is declared duly elected. 

21. Select committees shall be composed of not less than five nor 
more than thirteen. 

22. In elections, but one vacancy shall be filled at a time, and if, in 
any election, no person receive a majority of the whole vote upon the 
first ballot, the person having the smallest number of votes shall not 
be voted for upon the next ballot, and so on each succeeding ballot, 
until some person shall have a majority of the whole. 

23. In all votes of the house, except by ayes and noes, the presi¬ 
dent may, and at the instance of any member, shall, cause the house 
to be divided ; and if upon the rising of the members in the affirma¬ 
tive, a doubt still exists with the president or any member, on which 
side the majority is, the members in the affirmative shall first be count¬ 
ed, and then those in the negative, either by the president or at his 
request, by two members of opposite opinions upon the question. 

24. The documents ordered to be printed by the convention shall 
be printed on paper of the same size of the journals of the convention, 
and a copy shall be bound with each journal, to be furnished to the 
members at the end of the session ; and it shall be the duty of the 
printer of the house to print one hundred additional copies of each 
document for the use of the commonwealth. 

25. No committee shall sit during the sessions of the convention 
without special leave. 

26. If any member, while speaking, transgress the rules of the 


39 


convention, the president shall, or any member may, call to order; 
and the member so called to order shall immediately sit down, unless 
permitted to explain, and the convention shall, if appealed to, decide 
on the case, but without debate. If there be no appeal, the decision 
of the chair shall be submitted to ; if the decision he in favor of the 
member, he shall proceed—if against him, he shall not proceed ; if 
any other member object, without leave of the convention ; and if the 
case require it, he shall be liable to the censure of the convention. 

2~. If a member be called to order for words spoken in debate, the 
member calling him to order, shall repeat the words excepted to, and 
they shall be taken down in writing by the secretary ; and no member 
shall be held to answer, or be subject to the censure of the convention 
for words spoken in debate, ifany other member has spoken, or other bu¬ 
siness has intervened, before exception to them shall have been taken. 

28. While a member is speaking, none shall entertain private dis¬ 
course, or shall otherwise disturb him, or pass between him and the 
chair. 

29. Every member shall remain uncovered during the sessions of 
the convention ; and no member shall remain by the secretary’s table 
while the ayes and noes are calling, or while the convention is voting, 
or the secretary calling or counting the votes, in any election. 

30. Every member who snail be in the house when a question is 
put shall vote, unless excuse ; and ail motions to excuse, in such 
cases, shall be made before f e bouse divides, or before the call of the 
ayes and noes is commence ’ mid any member requesting to be ex¬ 
cused trom voting, may make a brief verbal statement of his reasons, 
and the question shall then i> ■ i men without further debate. 

31. Every motion shall be e urn 1 to writing, if the speaker or any 
member desire it. 

32. When a question is u or debate, no motion shall be received 
but to adjourn, for the pre u question, to lie on the table, to post¬ 
pone indefinitely, to adjnu e question to a different day, to com¬ 
mit, or amend ; which se 1 . < tions shall have precedence in the 
order in which they are m -aged. 

33. On a motion or call e previous question there shall be no 

debate, but unless sust li. > v twenty members, indicated by ri¬ 
sing, the president shall n it to the vote, but if so sustained, the 

previous question shah b i • mediately ; and all incidental ques¬ 
tions of order arising after n is made for the previous question, 

and pending the motion, e decided, whether an appeal or other¬ 

wise, without debate. 

34. Any member may r, 1 the division of a question, and it 

shall be,’thereupon, divi a ‘ comprehend propositions in sub¬ 
stance so distinct that one * on away, a substantive proposition 

shall remain for the dec; .'muse—but a motion to strike out 

being lost, shall not <*u* h. n to strike out and insert. 

35. When the conven'd* tj b i to rise, every member shall keep 

his seat until the presi ie it e announced the adjournment. 

Mr Scott, of .Rich mon the committee of privileges and 

elections presented the f ' it, which was ordered to he laid 

upon the table and print 

The committee of prh i u i ■ ions have had under their con- 


40 


thereto—to wit: 

From the District of Accomack 
and Northampton, 


District of Norfolk City, Norfolk 
County and Princes Anne, 


to the convention, 
to have been duly elected 

Louis C. H. Finney, 

Henry A. Wise. 

Samuel Watts, 

John Petty, 

Arthur R. Smith, 

Tazewell Taylor, 

John Tunis. 


sideratinn the certificates of election of members 
and report that the following persons appear 


District of Southampton, Nanse- 
mond, Isle of Wight, Sussex, 
Surry and Greenesville, 



Robert Ridley, 

John R. Chambliss, 
John Y. Mason, 

A. S. H. Burgess. 


District of Petersburg, Chester¬ 
field and Prince George, 



Jas. H. Cox, 
Thomas Wallace, 
Timothy Rives, 
James A. Jones. 


District of Richmond City , Hen¬ 
rico , New Kent and Charles < 
City, 


Robert G. Scott, 
Jno. A. Meredith, 
John M. Botts, 
James Lyons, 
Robert C. Stanard, 
Hector Davis. 


District of Williamsburg, James 
City, Gloucester, Warwick, 
York and, Elizabeth City, 


Lemuel J. Bowden, 
Robert McCandlish. 


District of Essex , King and 
Queen, Middlesex and Mat¬ 
thews, 


Muscoe R. II. Garnett, 
James Smith, 

Muscoe Garnett. 


District of Caroline, Spotsylva¬ 
nia, King William and Han-< 
over, 


Francis W. Scott, 
Corbin Braxton, 
Eustace Conway, 
Bev. B. Douglas, 
Edward W. Morris. 


District of Richmond, Westmore¬ 
land, King George, Lancaster < 
and Northumberland, 


Richard L. T. Beale, 
Samuel L. Straughan, 
Addison Hall. 


District of Prince William, Alex¬ 
andria, Fairfax and Stafford, 


Richard C. L. Moncure, 
William L. Edwards, 
Edgar Snowden, 

Ira Williams. 










41 


District of Henry, Franklin and 
Patrick 



District of Halifax Pittsylvania, 
and Mecklenburg', 


Dis ’ct of Prince Edward, Char¬ 
lotte and Appomattox, 

District of Lunenburg, Bruns¬ 
wick, Nottoway and Dinwid- 
die, 

District of Cumberland, Amelia, 
Powhatan and Buckingham, 


District of 
ford, 


Campbell and Bed- 


District of Nelson, Amherst and 


ji 


Mbemarle . 


William Martin, 

Nat. C. Claiborne, 
Archibald Stuart. 

Wm. M. Tredway, 
John R. Edmunds, 

Jas. M. Whittle, 

Wm. O. Goode, 

Edward R. Chambers, 
George W. Parkins. 

Willis P. Bocock, 
Branch J. Worsham, 
Thomas PI. Flood. 

John E. Shell, 

Robert D. Turnbull, 

James L. Scoggin. 

John Hill, 

Joseph Fuqua, 

Henry L. Hopkins. 

Charles H. Lynch, 
Gustavus A. Wingfield, 
Lewis C. Arthur, 

James Saunders. 

Samuel M. Garland, 

V. W. Southall, 

Thos. J. Randolph, 
Littleberry N. Ligon. 


District of Goochland, Fluvanna 
and Louisa, 

District of Culpeper, Greene, 
Madison and Orange, 


District of Loudoun, 


District of Fauquier and Rap- ^ 
pahanuock, ^ 

District of Botetourt, Roanoke , ^ 
Alleghany and Bath, £ 

6 


Walter D. Leake, 
Drury W. K. Bowles, 
Richard I. Cocke. 

James Barbour, 
Robert A. Banks, 
John Woolfolk. 

John A. Carter, 

John Janney, 

Robert J. T. White. 

Robert E. Scott, 

J. F. Strother, 

Samuel Chilton. 

Fleming B. Miller, 
John T. Anderson, 
William Watts. 





42 


District of Augusta, Rockbridge 
and Highland, 


<s 




District of Rockingham, Pendle- < 
ton and Page, 


District of Shenandoah, Hardy 
and Warren, 


District of Jefferson, Berkeley 
and Clarke, 


District of Frederick, Hampshire 
and Morgan, 



District of Brooke, Ohio, Han¬ 
cock and Marshall, 


District of Doddridge, Wetzel, 
Harrison, Tyler, Wood and 
Ritchie, 


l 


District of Marion, Preston, Mo¬ 
nongalia and Taylor, 


t 


DisVct of Randolph, Lewis, Bar¬ 
bour, Gilmer, Braxton, Wirt 
and Jackson, 


f 

1 



District of Cabell, Mason, Put-1 
nam, Wayne, Boone, Wyo- > 
wing and Logan, 3 


District of Greenbrier, Pocahon¬ 
tas, Fayette, Raleigh, Nicho¬ 
las and Kanawha, 


John Letcher, 

David E. Moore, 

Hugh W. Sheffey, 
Adam Stephenson, Jr. 7 
David Fuitz. 

John Kenney, 

George E. Deneale, 

A. M. Newman, 

John Lionberger. 

Green B. Samuels, 
William Seymour, 

Giles Cook, 

Samuel C. Williams. 

Charles Jas. Faulkner r 
Wm. Lucas, 

Dennis Murphy, 
Andrew Hunter. 

James E. Stewart, 
Thomas Sloan, 

Richard E. Byrd, 
Charles Blue. 

Jefferson T. Martin,, 
Zachariah Jacob, 

John Knote, 

Thomas M. Gaily. 

Joseph Johnson, 

John F. Snodgrass, 
Gideon D. Camden r 
P. G. Van Winkle. 

William G. Brown, 
Edward J. Armstrongs 
Waitman T. Willey, 
James Neescn. 

Samuel L. Hays, 
Joseph Smith, 

John S. Carlile, 
Thomas Bland. 

Elisha W. McComas, 
Henry J. Fisher, 

James H. Ferguson, 

Geo. W. Summers, 
Samuel Price, 

William Smith, 
Benjamin H. Smith. 









43 


District of Carroll, Grayson , 
Floyd, Montgomery and Pu¬ 
laski, 


Daniel H. Hoge, 
Samuel Me Cam ant, 
Benjamin F. Wysor. 


District of Mercer, Giles, Taze¬ 
well and Monroe, 


Augustus A. Chapman, 
Allen T. Caperton, 
Albert G. Pendleton. 


District of Smyth, Wythe and 
Washington, 


Benj amin Rush Floyd, 
George W. Hopkins, 
Thomas M. Tate. 


District of Scott, Russell and 
Lee 


Samuel V. Fulkerson, 
Hiram Kilgore, 

Dale Carter. 


The certificates of election for each district accompany and are filed 
herewith. All of which is respectfully submitted by and on behalf of 
the committee. 

ROBERT G. SCOTT, Chairman. 

Mr. Brown presented the following resolutions, which, on his mo¬ 
tion were laid on the table and ordered to be printed : 

Resolved, That the committee on the legislative department of the 
government, be instructed to inquire into the expediency of incorpo¬ 
rating into the constitution the following limitations upon the legisla¬ 
tive department cf the government. 

1st. That no law shall be passed abolishing, or impairing the rights 
of individuals in their property, without the consent of the owners 
thereof. 

2nd. That no one species of property shall be taxed higher than 
another, but that taxation shall be ad valorem and uniform through¬ 
out the commonwealth. 

3rd. That the legislature shall not borrow money on the credit of 
the state, unless it be for repelling invasion, or suppressing insurrec¬ 
tion, without the consent of the people directly expressed through the 
qualified votes in a vote taken for that purpose. 

4th. That all bills making appropriations for works of internal im¬ 
provement, shall provide, by taxation, for raising the money so ap¬ 
propriated. 

5th. That the legislature shall not pledge the state as surety, or 
guarantee the bonds of any company or individual. 

6 th. That no law shall be passed subsequent to the execution of 
any contract abolishing the remedy provided by law, for the enforce¬ 
ment thereof, at the time of the execution of such contract. 

7th. Requiring all laws of incorporation for banking purposes to be 
general and uniform, so that any association of persons, bringing 
themselves within the provisions thereof, shall have and enjoy ail the 
rights, privileges, and immunities of such laws. 

Mr. Botts submitted the following resolution, which was laid upon 
the table and ordered to be printed : 

Resolved, That the committee on the legislative department of the 


44 


government, be instructed to enquire into the expediency of providing 
a uniform system of taxation on the ad valorem principle, upon every 
species and description of property in the commonwealth, real, per¬ 
sonal, and mixed. 

On motion of Mr. Taylor, the convention agreed to take up and 
consider a resolution offered on Friday last by Mr. Fuq.ua, which was 
laid on the table. 

Mr. Taylor thereupon moved the following amendment as a sub¬ 
stitute, which was adopted : 

Resolved, That the secretary cause to be printed the abstracts from 
the reports of the clerk’s of the circuit courts, made by the clerk of 
the house of delegates to that house from the year 1837 to 1849 inclu¬ 
sive ; and that the clerk of the house of delegates, be requested to 
furnish the convention with a similar abstract for the present year as 
far as the returns have been received by him. 

On motion of Mr. Chambers, the resolution was farther amended 
by adding to the end thereof the following : 

<c And that the clerks of the court of appeals at Richmond, and at 
Lewisburg, be requested to furnish this convention a statement of the 
number of causes on their respective dockets, distinguishing the ap¬ 
peals from judgments at law, from those from decrees in equity ; the 
time when each appeal was taken, and the present standing of the 
causes.” 

Mr. Letcher moved farther to amend the said resolution by adding 
at the end thereof the following : “ Also, a statement showing the 
number of causes commenced, the number pending, the number de¬ 
cided, and the number of days the courts were in session, commenc¬ 
ing with the year ending August 30th, 1837, and for each subsequent 
year,—also, the number of causes decided by the special court of ap¬ 
peals in each year, and the number of days the said court was in ses¬ 
sion,”—which amendment was adopted. 

The question was then put upon the resolution as amended, and 
/ passed. The said resolution is as follows : 

Resolved , That the secretary cause to be printed the abstract from 
the reports of the clerks of the circuit courts made by the clerk of the 
house ot delegates to that house from the year 1837 to 1849 inclusive, 
and that the clerk of the house of delegates be requested to furnish 
.the convention with a similar abstract lor the present year, as far as 
the returns have been received by him, and that the clerks of the 
court of appeals at Richmond, and at Lewisburg, be requested to fur¬ 
nish this convention a statement of the number of causes on their 
respective dockets, distinguishing the appeals from judgments at law, 
from those from decrees in equity ; the time when each appeal was 
taken; and the present standing of the causes; also, a statement 
showing the number of causes commenced, the number pending, the 
number decided, and the number of days the courts were in session, 
commencing with the year ending August 30th, 1837, and for each 
subsequent year. Also, the number of causes decided by the special 
court of appeals in each year, and the number of days said court was 
in session. 

On motion of Mr. Blue, the following resolution was adopted: 

Resolved , That the first auditor be requested, in addition to the 


45 


other matters called for in the resolutions submitted and adopted on 
the motion of Mr. Faulkner, to report the number of persons paying 
tax on land, the number ot persons paying on slaves, and the number 
of persons paying on all other property, so far as the same appears on 
the commissioners books for 1850. 

On motion of Mr. Janney, the convention adopted the following 
resolution : 

Resolved , That the first auditor be, and he is hereby requested to 
ascertain and report in his tabular statements of the population of the 
state, the number of white males and the number of white •females, 
over the age of twenty-one years, in each of the four political divi¬ 
sions of the commonwealth, in the years 1840 and 1850 

On motion of Mr. Chambliss, a resolution offered by him on Fri¬ 
day, and laid upon the table, was taken up and adopted as follows : 

Resolved , That the first auditor furnish the convention with a state¬ 
ment showing the value of all the property in each of the counties, 
cities, arid towns of the commonAvealth, on which taxes were paid in 
the years 1849 and 1850, exhibiting the value in each of the grand 
divisions of the state. 

On motion of Mr. Strother, the convention then adjourned. 

October, 22, 1850. 

The couAmntion met pursuant to adjournment and was opened with 
prayer by the Rev. Mr. Taylor of the Presbyterian church. 

Mr. McComas presented the folio wing resolution, which was adopted : 

Resolved , That the first auditor be requested to prepare and furnish 
to this convention a tabular statement, shewing the amount of money 
paid out of the treasury of the state for the ordinary expenses of go¬ 
vernment, and expended east of the Blue ridge, and also west of the 
Blue ridge, distinguishing betAveen the sums paid for legislation, and 
those paid for other purposes; and also the amount, or probable amount, 
which has been paid to persons west of said ridge, Avhich, from neces¬ 
sity, has been actually expended east of said ridge from the year 1800 
to 1849 inclusive. 

Mr. IIoge presented the folloAving resolutions, Avhich on his motion 
were ordered to be laid upon the table and printed: 

Resolved , That the committee on the judiciary in the organization 
of the supreme court of appeals, be instructed to consider the propriety 
of dividing the state into five districts, and to provide for the election 
of one member of said court in each district, by the qualified electors 
therein, and that the tenure of office of said judges, shall not exceed 
twelve years. 

Resolved ’, That the committee on the judiciary in the organization 
of circuit superior courts of law and chancery, be instructed to con¬ 
sider the propriety of dividing the state into two divisions, and the 
subdivision of each of the said divisions into six judicial circuits, arid 
to provide for the election of one judge in each circuit, by the quali¬ 
fied electors therein, and in the arrangement of the said circuits, so to 
provide, that the same judge shall not hold court tAvo consecutive terms 
in the same circuit,—and further to provide, that the tenure of office 
of said judges shall not exceed ten years. 


46 


Resolved , That the committee on the judiciary in the organization 
of the county courts, be instructed to consider the propriety of divi¬ 
ding the counties into wards, and to provide for the election of two or 
more justices in each ward, by the qualified electors therein. And 
also to provide, that the court shall consist of a presiding judge to be 
chosen by the qualified electors ot the whole county, and two asso- 
ciate justices from the wards; provided ', that only one justice shall be 
taken from the same ward. And also to provide, that the tenure of 
office of # the said justices, and also of the said judge, shall not exceed 
four years. 

Resolved , That the committee on the judiciary, be instructed to 
consider the propriety of abolishing the present mode of taking testi¬ 
mony in chancery, and the substitution of oral testimony to be 
taken before the judge, who shall hear and determine the particular 
cause. 

The following resolution offered by Mr. Johnson, was, on his mo¬ 
tion laid upon the table. 

Resolved , That the committee on the legislative department, in’ 
quire into the expediency of incorporating into the constitution a 
provision for the election of a board of public works, consisting of one 
member from each of the grand divisions, and one from the state at 
large. 

Mr. Straughan submitted the following resolutions, which, on his 
motion were laid upon the table. 

Resolved That the committee to whom was referred so much of 
the constitution as relates to the right of suffrage, and the qualifica¬ 
tions of persons to be elected to the general assembly, be instructed 
to inquire into, and report upon the expediency of so amending the 
7th section of article 3rd, of the present constitution, as to make the 
age of a person to be elected to the house of delegates at least twenty- 
one years; aneLthe age of a person to be elected to the senate at least 
twenty-five years, together with such other qualifications as the com¬ 
mittee may think proper. 

Resolved, That the committee to whom was referred the legislative 
department of the government, be instructed to inquire into and re¬ 
port upon the expediency of giving to the senate concurrent jurisdic¬ 
tion with the house of delegates. Also, to inquire into the expediency 
of biennual sessions of the legislature. 

Mr. Willey submitted the following resolution, which, on his mo¬ 
tion was ordered to be laid upon the table. 

Resolved, That the right of suffrage should not be restricted by any 
property qualification, and should be extended to every free white male 
citizen of the age of twenty-one years and upwards, who shall have 
resided in the state, county, or district where he offers to vote, a rea¬ 
sonable length of time preceding the election : provided however, that 
no person of unsound mind, pauper, or non-commissioned officer, sol¬ 
dier, seaman, or marine in the service of the United States, nor any 
person convicted of any infamous offence, shall be entitled to exercise 
such right of suffrage. 

On motion of Mr. Byrd, the committee agreed to take up and con- 


47 


sider the report of the committee of thirteen, to whom was referred the 
method of offering amendments to the constitution. 

On motion of Mr. Stanard, the convention agreed to pass by, for 
the present, the first resolution in the said report, ayes 68, noes 58.—• 
On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes. —Messrs. Mason, (Pres’t,) Finney, Samuel Watts, Petty, 
A. R. Smith, Taylor, Tunis, Ridley, Chambliss, Burgess, Cox, Wal¬ 
lace, Rives, Jones, R. G. Scott, Meredith, Stanard, Davis, Bowden, 
McCandlish, Muscoe R. H. Garnett, James Smith, Muscoe Garnett, 
Francis W. Scott, Douglass, Morris, Beale, Straughan, Hall, Mon¬ 
cure, Edwards, Snowden, Ira Williams, William Martin, Claiborne, 
Tredway, Edmunds, Whittle, Goode, Chambers, Puikins, Bocock, 
Worsham, Flood, Shell, Turnbull, Scoggin, Hill, Fuqua, H. L. Hop¬ 
kins, Lynch, Wingfield, Arthur, Saunders, Garland, Southall, Ran¬ 
dolph, Ligon, Leake, Bowles, Cocke, Barbour, Banks, Woolfolk, 
Janney, R. E. Scott, Strother and Chilton—68. 

Noes. —Messrs. Botts, A Stuart, J. A. Carter, Miller, Letcher, Moore, 
Sheffey, Stephenson, jr., Fultz, Kenney, Deneale, Newman, Lion- 
berger, Samuels, Seymour, Cook, Faulkner, Lucas, Murphy, Hunt¬ 
er, James E. Stewart, Sloan, Byrd, Blue, Jefferson T. Martin, Jacob, 
Knote, Gaily, Johnson, Camden, Van Winkle, Brown, Armstrong 
Willey, Neeson, Hays, Joseph Smith, Carlile, Bland, McComas, Fish¬ 
er, Ferguson, Summers, Price, Wm. Smith, B.H. Smith, Hoge, Mc- 
Camant, Wysor, Chapman, Caperton, Pendleton, Floyd, George W. 
Hopkins, Tate, Fulkerson, Kilgore and Dale Carter—58. 

Mr. Goode submitted a motion that the two next resolutions in 
the said report be likewise passed by for the present, pending which, 

Mr. Ferguson moved that the report and motion be laid upon the 
table, and it was decided in the affirmative. 

On motion of Mr. Hopkins, of Powhatan, the report of the com¬ 
mittee on rules was taken up and considered. 

The convention, on motions respectively put, agreed to adopt the 
1st, 2nd, 3d, and 4th rules in the report of said committee. 

Mr. Price moved to amend the 5th rule in the said report, by stri¬ 
king out all after the word u leave, ” in the second line—and being 
put to the convention, was decided in the negative; the 5th rule was 
then adopted. Mr. Hopkins, of Powhatan, moved that the 6th rule 
be amended by striking out the words u consistent of, ” in the third 
line, and inserting in lieu thereof, the words u not inconsistent with,” 
so that the rule would then read u the rules of parliamentary practice 
comprised in Jefferson’s manual, shall govern the convention in all 
cases to which they are applicable, and not inconsistent with the rules 
and orders of the convention. ” The amendment Was agreed to, and 
then the rule as amended, adopted. 

The Tth, 8th, and 9 th rules, as repo ted by the committee, were 
adopted by the convention. 

Mr. Botts submitted a motion to strike out the 10th rule, after the 
word u member,” in the second line, and inserting the following in 
lieu thereof “ but shall be entitled to vote upon all other questions, be¬ 
fore the result of the vote is announced from the chair.” 

Mr. Ferguson demanded a division of the question, and being put 
first upon striking out the words aforesaid, was determined in the af- 


/ 


48 


firmative; the amendment was then agreed to, and the rule as amend¬ 
ed adopted as follows: 

“10th. No member shall vote upon any question touching his own con¬ 
duct or privilege as a member, but shall be entitled to vote upon all 
other questions before the result of the vote is announced from the chair.” 

Mr. Ferguson moved to amend the 11th rule in the first line, by 
striking out the word “ majority,” and inserting in lieu thereof the words 
“ two-thirds,” and being put to the convention, was decided in the nega¬ 
tive. The 11th rule was then adopted. 

The convention also agreed to adopt the 12th, 13th, 14th, 15th, 16th, 
17th, and 18th rules. 

On motion of Mr. Jacob, the 19th rule was amended by inserting 
after the word “ secretary” in the fourth line, the words “ in alphabeti¬ 
cal order,” so that the first clause of the said rule would be as fol¬ 
lows: “ Any member, (seven others concurring,) shall have a right to 
demand the ayes and noes upon any question at any time before it be 
put; and in such case the names of the members shall be called by 
the secretary in alphabetical order, and the ayes and noes entered re¬ 
spectively on the journal, and the question decided as a majority of 
votes shall thereupon appear.” 

The 19th rule as amended was then agreed to, and the Convention also 
agreed to adopt the 20th, 21st, 22d, 23d, 24th, 25th, 26th, 27th, 28th, 
29th and 30th rules. 

Mr. Hopkins, of Powhatan, moved to amend the 31st rule by striking 
therefrom the word “speaker” in the first line, and inserting the word “ Pre¬ 
sident,” and it was agreed to. The rule, as amended, was then adopted 
by the Convention as follows : 

“ 31. Every motion shall be reduced to writing, if the President or any 
member desire it.” 

The 32d rule was adopted. 

Mr. Watts moved to amend the 33d rule by striking out all to the word 
“immediately,” inclusive, in the fourth line, and inserting the following: 
“ On a call for the previous question, there shall be no debate. Unless 
such call be seconded by twenty members, indicated by rising, the Presi¬ 
dent shall put no question ; but if so sustained, a question shall be immedi¬ 
ately put by the Chair to this effect, 4 Shall the main question be now put?’ 
If, on this question, a majority of the House vote in the affirmative, the 
Chair shall put the pending question immediately.” 

Mr. Carlile moved to amend the amendment by striking out the rule 
to the word 44 indicated” in the second line, and inserting the following: 
44 Unless a motion or call for the previous question”—which was decided 
in the negative—ayes 36, nays 84. 

On motion of Mr. Carlile, the vote was recorded as follows: 

Ayes —Messrs. Davis, Bowden, Muscoe Garnett, Ira Williams, Whittle, 
Wingfield, John A. Carter, Letcher, Stephenson, Deneale, Stewart, Jeffer¬ 
son T. Martin, Jacob, Johnson, Camden, Van Winkle, Brown, Armstrong, 
Willey, Neeson, Hays, Joseph Smith, Carlile, Bland, Fisher, Ferguson, 
Summers, Price, Benjamin H. Smith, Hoge, Chapman, Caperton, Floyd, 
Tate, Kilgore and Dale Carter—36. 

Nays- —Messrs. Mason, (Pres’t.) Finney, S. Watts, Petty, A. R. Smith, 
Ridley, Chambliss, Burgess, Cox, Wallace, Rives, Jones, R. G. Scott, Tav- 
lor, Tunis, Meredith, Botts, Lyons, Stanard, McCandlish, M. R. H. Gaftat, 


49 


4as. Smith, Francis W. Scott, Braxton,Douglas, Morris, Beale, Straughan, 
Hall, Moncure, Edwards, Snowden, William Martin, Stuart, Tredway, 
Edmunds, Goode, Chambers, Purkins, Bocock, Worsham, Flood, Shell, 
Turnbull, Scoggin, Hill, Fuqua, Henry L. Hopkins, Lynch, Arthur, 
Garland, Randolph, Ligon, Leake, Bowles, Cocke, Barbour, Banks, Wool- 
folk, Janney, Chilton, Miller, Moore, Sheffey, Fultz, Kenney, Newman, 
Lionberger, Samuels, Cook, Faulkner, Lucas, Murphy, Hunter, Sloan, 
Blue, Knote, Gaily, William Smith, McCamant, Wysor, Pendleton, Geo. 
W. Hopkins and Fulkerson—84. 

Mr. Hopkins, of Washington, proposed the following as a substitute 
for the amendment proposed by Mr. Watts : 

“ On a motion or demand for the previous question there shall be no de¬ 
bate. If seconded by twenty members, the question shall be propounded, 
( Shall the debate now cease V If a majority of the members shall vote in 
the affirmative, the question shall be put, and all incidental questions of or¬ 
der arising after the motion or demand is made for the previous question, 
and pending the same, shall be decided, whether on appeal or otherwise, 
without debate. And such demand for the previous question may be made 
either upon a pending amendment or upon the main question.” Which be¬ 
ing put to the Convention was adopted. 

On motion of Mr. Sheffey, the Convention agreed to strike out the 33d 
rule to the word “ immediately,” and insert the following : 

On a call for the previous question there shall be no debate. Unless such 
call be seconded by twenty members, indicated by rising, the President 
shall put no question; but if so sustained, a question shall be immediately 
put by the Chair to this effect, “ Shall the main question be now put ?” If 
on this question a majority of the House vote in the affirmative, the Chair 
shall put the pending question immediately. 

Mr. Letcher moved that the Convention do now adjourn, and it was 
decided in the negative. 

Mr. Deneale moved to reconsider the vote just taken, adopting the 
amendment proposed by M. Sheffey, and it was decided in the negative. 

The question being upon the adoption of the amendment of Mr. Hop¬ 
kins, of Washington, Mr. Ferguson called for a division of the question, 
and the Convention agreed to strike out the rule to “ immediately ” inclu¬ 
sive. 

Mr. Armstrong moved that the Convention do now adjourn, and it was 
decided in the negative. 

The question then recurred upon inserting the amendment proposed by 
Mr. Hopkins, of Washington, and on this question Mr. Ferguson de¬ 
manded that the vote be recorded, and the demand was sustained. 

Mr. Sheffey moved to lay the rule and amendments upon the table, 
pending which, on motion of Mr. Gally, the Convention adjourned. 


Wednesday, October 23, 1850. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Dunning, of the Presbyterian church. 

Mr. Sheffey, by leave of the Convention, withdrew his motion to lay 
on the table the 33d rule, reported by the committee on rules, as amended. 
Mr. Muscoe Garnett moved a suspension of the rule, to enable him to 



50 


more a reconsideration of the vote by which the 33d rule, as amended, was 
stricken out, and on this motion Mr. Purkins demanded the previous qucs- 
tion, which was sustained, and the Convention refused to suspend the rule 
for the purpose stated. The question then recurred upon filling the blank 
in the rule with the amendment offered by Mr. Hopkins, oi v> ashington, 
and was decided in the negative—ayes 44, noes 82; and the vote was re¬ 
corded as follows: 

Ayes —Messrs. Finney, Petty, A. R. Smith, Tunis, Ridley, Chambliss, 
Burgess, Cox, Wallace, Rives, Jones, Robert G. Scott, Botts, Lyons, Stan¬ 
dard,°Davis, Bowden, James Smith, Muscoe Garnett, Braxton, Beale, Hall, 
Snowden, William Martin, T redway, Goode, Chambers, Purkins, Wor¬ 
sham, Flood, Shell, Turnbull, Scoggin, Garland, Leake, Cocke, Barbour f 
Banks, WoolTolk, Chilton, Kenney, Newman, Byrd and George W. Hop¬ 
kins—44. 

JVays —Messrs. Mason, (Pres’t.) S. Watts, Taylor, Meredith, M. R. 
H. Garnett, Douglas, Morris, Straughan, Moncure, Edwards, Ira Williams, 
Archibald Stuart, Edmunds, W hittle, Bocock, Hill, Fuqua, Henry L. Hop¬ 
kins, Lynch, Wingfield, Arthur, Southall, Randolph, Ligon, Bowles, John 
A. Carter, Janney, Robert E. Scott, Strother, Miller, Anderson, William 
Watts, Letcher, Moore, Sheffey, Stephenson, Fultz, Deneale, Lionberger, 
Samuels, Seymour, Cook, Faulkner, Lucas, Murphy, Hunter, Stewart, 
Sloan, Blue, Jefferson T. Martin, Jacob, Knote. Gaily, Johnston, Camden, 
Wan Winkle, Brown, Armstrong, Willey, Neeson. Hays, Joseph Smith,- 
Carlile, Bland, McComas, Fisher, Ferguson, Summers, Price, William 
Smith, Benjamin H. Smith, Hoge, McCamant, Wysor, Chapman, Caper- 
ton, Pendleton, Floyd, Tate, Fulkerson, Kilgore and Dale Carter —S2. 

Mr. Hopkins, of Powhatan, moved that the blank in the said rule be 
filled with the following: 

“ Upon a call for the previous question, there shall be no debate; and if 
sustained by twenty members, signified by rising, the President shall imme¬ 
diately propound the question, “shall the main question be now put?” and 
if decided in the affirmative, the vote shall be immediately taken upon the 
original proposition to the exclusion of all pending amendments; and if the 
debate be upon an amendment in the first or second degree, any member 
may move that the debate now cease, upon which motion there shall be no 
debate; and if sustained in like manner by twenty members, the President 
shall immediately propound the question, “shall the debate now cease?” 
and if decided in the affirmative, the House shall forthwith vote upon the 
amendment immediately depending before it, and no incidental questions 
(including an appeal) upon either call or motion shall be debateable.” 

Upon the amendment of Mr. Hopkins, of Powhatan, Mr. Smith, of 
Norfolk county, demanded the main question, which was ordered—ayes 61,. 
noes 60. On motion of Mr. Carlile, the vote was recorded as follows: 

Ayes —Messrs. Finney, Samuel Watts, Petty, Arthur R. Smith, 
Taylor, Tunis, Ridley, Burgess, James H. Cox, Wallace, Rives, Jones, 
Meredith, Lyons, Davis, Muscoe R. H. Garnett, James Smith, Braxton, 
Douglass, Morris, Beale, Straughan, Hall, Moncure, Edwards, Snowden, 
Whittle, Chambers, Purkins, Bocock, Worsham, Flood, Shell, Turnbull, i 
Scoggin, Hill, H.L. Hopkins, Lynch, Arthur, Randolph, Leake, Cocked 
Barbour, Banks, Woolfolk, Janney, Strother, Miller, William Watts, 
Kenney, Newman, Lionberger, Samuels, Seymour, Lucas, Murphy, Hunter, 
Byrd, George W. Hopkins, Fulkerson—61. 


51 


Nays— Messrs. Mason, (Pres’t.) Robert G. Scott, Botts, Stanard, 
Bowden, William Martin, Archibald Stuart, Edmunds, Goode, Fuqua, 
Wingfield, Garland, Southall, Ligon, Bowles, John A. Carter, Ro¬ 
bert E. Scott, Anderson, Letcher, Moore, Sheffey, Fultz, Deneale, 
Faulkner, James E. Stuart, Sloan, Blue, Jefferson T. Martin, Jacob, Knote, 
Gaily, Johnson, Camden, Van Winkle, Brown, Armstrong, Willey, Ncc- 
son, Hays, Joseph Smith, Garble, Bland, McComas, Fisher, Furguson, 
Summers, Price, Wm. Smith, Benjamin H. Smith, Hoge, McCamant, Wy- 
sor, ( hapman, Caperton, Pendleton, Floyd, Tate, Kilgore, Stephenson, 
Dale ( arter—60. 

The question then recurred upon filling the blank with the amendment 
proposed by Mr. Hopkins, of Powhatan, and it was decided in the nega¬ 
tive—ayes 28, noes 97, as follows : 

Ayes —Messrs. Finney, Arthur R. Smith, Ridley, Chambliss, Burgess, 
Cox, allace, Rives, Jones, Lyons, Muscoe R. H. Garnett, Morris, Beale, 
Hall, Edwards, Snowden, Tred way, Worsham, Shell, Henry L. Hopkins, 
Lynch, Arthur, Barbour, Banks, Woolfolk, Kenney, Newman, Lionber- 
ger—28. 

JYays —Messrs. Mason, (Pres’t.) Samuel Watts, Petty., Taylor, Tunis, 
Robert G. Scott, Meredith, Botts, Stanard, Davis, Bowden, James Smith, 
Muscoe Garnett, Braxton, Douglas, Straughan, Moncure, Ira Williams, 
William Martin, Archibald Stuart, Edmunds, Whittle, Chambers, Purkins, 
Bocock, Flood, Turnbull, Scoggin, Hill, Fuqua, Wingfield, Garland, South- 
all, Randolph, Ligon, Leake, Bowles, Cocke, John A. Carter, Janney, 
Robert E. Scott, Strother, Chilton, Miller, Anderson, \\ illiam Watts, 
Letcher, Moore, Sheffey, Stephenson, Fultz, Deneale, Samuels, Sey¬ 
mour, Cook, Faulkner, Lucas, Murphy, Hunter, James E. Stewart, Sloan, 
Byrd, Blue, Jefferson T. Martin, Jacob, Knote, Gaily, Johnson, ( am- 
den, Van Winkle, Brown, Armstrong, Willey, Neeson, Hays, Joseph Smith, 
Garble, Bland, McComas, Fisher, Furguson, Summers, Price, Wm. Smith, 
Benjamin H. Smith, Hoge, McCamant, Wysor, Chapman, Caperton, Pen¬ 
dleton,] Floyd, George W. Hopkins, Tate, Fulkerson, Kilgore, Dale 
Carter—97. 

Mr. Bowden moved the following as an amendment to the rule as 
amended: 

“ The previous question shall be wholly dispensed with.;” and being put 
to the Convention, was determined in the negative—ayes 61, noes 64. On 
motion, the vote was recorded as follows : 

Ayes —Messrs. Rives, Robert G. Scott, Botts, Bowden, Moncure, Ed¬ 
wards, Ira Williams, Stuart, Whittle, Purkins, ILL. Hopkins, Wingfield, 
Randolph, Woolfolk, J. A. Carter, Anderson, W. Watts, Letcher, Sheffey, 
Stephenson, Fultz, Deneale, Lionberger, Faulkner, Lucas, Murphy, 
James E. Stewart, Blue, Jefferson T. Martin, Jacob, Knote. Gaily. John¬ 
son, Camden, Van Winkle, Brown, Armstrong, Willey, Neeson, Hays, 
Joseph Smith, Garble, Bland, McComas, Fisher, Ferguson, Summers, 
Price, Wm. Smith, Benjamin H. Smith, Iloge, McCamant, Chapman, Ca¬ 
perton, Pendleton, Floyd, George V. Hopkins, Tate, Fulkerson, Kilgore, 
Dale Carter—61. 

Nays —Messrs. Mason, (Pres’t.) Finney, Samuel Watts, Petty, Arthur 
R. Smith, Taylor, Tunis, Ridley, Chambliss, Burgess. Cox, Wallace, Jones, 
Meredith, Lyons, Stanard, Davis, Muscoe R. H. Garnett, James Smith, 


52 


Muscoe Garnett, Braxton, Douglass, Morris, Beale. Straughan, Hall, Snow¬ 
den, William Martin, Tredway, Edmunds, Goode, Chambers, Bocock, 
Worsham, Flood, Shell, Turnbull, Scoggin, Hill, Fuqua, Lynch, Arthur,. 
Garland, Southall, Ligon, Leake, Bowles, Cocke, Barbour, Banks, Janney,, 
Robert E. Scott, Strother, Chilton, Miller, Moore, Kenney, Newman, Sam¬ 
uels, Seymour, Cook, Hunter, Byrd, Wysor—64. 

Mr. Watts moved to fill the blank in the 33d rule with the following" 
amendment: 

“Upon a call for the previous question, no member shall speak more than 
ten minutes. Unless such call be seconded by twenty members, indicated by 
rising, the President shall put no question ; but if so sustained, a question 
shall be immediately put by the Chair to this effect, “shall the main ques¬ 
tion be now put ?” If on this question a majority of the House vote in the 
affirmative, the Chair shall thereupon put the pending question ; and all inci¬ 
dental questions of order, arising after a motion is made for the previous 
question, and pending the motion, shall be decided, whether on appeal or 
otherwise, without debate/ 5 

Mr. Hays moved to amend the amendment by striking therefrom the 
words “ a majority, 55 and inserting in lieu thereof the words u two-thirds,” 
and being submitted to the Convention was determined in the negative— 
ayes 62, noes 64. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. Robert G. Scott, Botts, Bowden, Ira W illiams, Archi¬ 
bald Stuart, Whittle, Bocock, Wingfield, Randolph, John A. Carter, Ander¬ 
son, William Watts, Letcher, Moore, Sheffey, Stephenson, Kenney, De- 
neale, Newman, Lionberger, Samuels, Seymour, Cook, Faulkner, Lucas, 
Murphy, Jas. E. Stewart, Sloan, Blue, Jefferson T. Martin, Jacob, Knote, 
Gaily, Johnson, Camden, Yan Winkle, Brown, Armstrong, Willey, 
Nee son, Hays, Joseph Smith, Carlile, Bland, McComas, Fisher Furgu- 
son, Summers, Price, Wm. Smith, Benjamin H. Smith, Hoge, McCamant, 
Chapman, Cnperton, Pendleton, Floyd. George W. Hopkins, Tate, Ful¬ 
kerson, Kilgore, Dale Carter—62. 

Nays —Messrs. Mason, (Pres’t.) Finney, Samuel Watts, Petty, Arthur, 
R. Smith, Taylor, Tunis, Ridley, Chambliss, Burgess, Cox, Wallace, Rives, 
Jones, Meredith, Lyons, Stanard, Davis, Muscoe R. H. Garnett, James 
Smith, Muscoe Garnett, Braxton, Douglas, Morris, Beale, Straughan, Hall, 
Moncure, Edwards, Snowden, William Martin, Tredway, Edmunds, Goode, 
Chambers, Purkins, Worsham, Flood, Shell, Turnbull, Scoggin, Hill, Fu¬ 
qua, Henry L. Hopkins, Lynch, Arthur, Garland, Southall, Ligon, Leake, 
Bowles, ('ocke, Barbour, Banks, Woolfolk, Janney, Robt. E.Scott, Strother, 
Chilton, Miller, Fultz, Hunter, Byrd, Wysor—64. 

The question recurring upon the amendment proposed by Mr. Watts, 
Mr. Douglass demanded the main question, which was sustained, and the 
Convention agreed to adopt the amendment. The question then was upon 
the rule as amended, which is as follows : 

33. “Upon a call for the previous question, no member shall speak more 
than ten minutes. Unless such call be seconded by twenty members, indicated 
by rising, the President shall put no question ; but if so sustained, a question 
shall be immediately put by the Chair to this effect, “ shall the main ques¬ 
tion be now put ?” If on this question a majority of the House vote in the 
affirmative, the Chair shall thereupon put the pending question, and all inci- 


53 


dental questions of order arising after a motion is made for the previous 
question, and pending the motion, shall be decided, whether on appeal or 
otherwise, without debate,” and being submitted to the Convention, was 
decided in the affirmative—ayes 74, nays 50. 

On motion of Mr. Hopkins, of Washington, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. Mason, (Pres’t.) Finney, Samuel Watts, Petty, Ar¬ 
thur R. Smith, Taylor, Tunis, Ridley, Chambliss, Burgess, Rives, 
Jones, Meredith, Lyons, Stanard, James Smith, Muscoe Garnett, 
Braxton, Douglass, Morris, Beale, Straughan, Hall, Moncure, Edwards, 
v\ illiam Martin, Tred way, Goode, Chambers, Bocock, Worsham, Flood, 
Shell, Turnbull, Scoggin, Hill, Fuqua, Lynch, Wingfield, Arthur, Garland, 
Southall, Ligon, Leake, Bowles, Banks, Janney, Robert E. Scott, Strother, 
Chilton, Miller, Anderson, William Watts, Letcher, Moore, Sheffey, Ste¬ 
phenson, Fultz, Kenney, Newman, Samuels, Seymour, Cook, Faulkner, 
Murphy, Hunter, James E. Stewart, Sloan, Byrd, Knote, McComas, Fergu¬ 
son, Hoge, Wysor—74. 

JYays —Messrs. Cox, Wallace, Robert G. Scott, Botts, Davis, Bowden, 
Muscoe R. H. Garnett, Snowden, Ira Williams, Archibald Stuart, Ed¬ 
munds, W hittle, Purkins, Henry L. Hopkins, Randolph, Cocke, Barbour, 
W oolfolk, John A. Carter, Deneale, Lucas, Blue. Jefferson T. Martin, Gai¬ 
ly, Johnson, Camden, Van,Winkle, Brown, Armstrong, Willey, Neeson, 
Hays, Joseph Smith, Carlile, Bland, Fisher, Summers, Price, Wm. Smith, 
Benjamin H. Smith, McCamant, Chapman, Caperton, Pendleton, Floyd, 
George W. Hopkins, Tate, Fulkerson, Kilgore, Dale Carter.—50. 

The Convention then adopted the 34th rule. 

Mr. Muscoe Garnett moved to amend the 35th rule by substituting 
therefor the following : 

“ W 7 hen the Convention rises, every member shall remain in his seat until 
the President passes him;” and being put to the C onvention, the said 
amendment was rejected. The Convention then adopted the 35th rule as 
reported by the committee. 

Mr. Braxton, from the committee on compensation of officers, reported 
that the committee had had under consideration the compensation of offi¬ 
cers to them referred, and had come to the following resolution : 

Resolved , That the allowance to the officers of this Convention, for their 
services during its session, shall be, to the President, in addition to his mile¬ 
age as a member of the Convention, eight dollars per day—to the Secre¬ 
tary, one hundred dollars per w T eek—to the Sergeant-at-Arms, thirty dol¬ 
lars per week—to each of the Door-keepers, twenty-eight dollars per week— 
and to each of the Pages, fourteen dollars per week. On motion of Mr. 
Braxton, the report was laid on the table ; and on motion of Mr. Hopkins, 
of Washington, the Convention then adjourned. 


Thursday, October 24, 1850. 

The f onvention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Taylor, of the Presbyterian church ; after which 
the journal of yesterday’s proceedings "was read and approved. 

Mr. Furguson, from the committee on printing, presented the following 
report, which was adopted by the Convention: 



54 


11 The committee charged with the letting of the contract for the print- 
ino- for the Convention, have discharged that duty, and now report to the 
House that the contract has been let to William Culley (he being the lowest 
bidder) at the following rates, to wit: thirty-five cents per thousand ems, 
thirty-five cents per token, and sixty-five cents lor rule and figure work, and 
$2 50 per ream for paper, (medium size.) The contractor has given bond 
and security for the performance of his contract in the manner required by 
the resolution of the Convention.” 

On motion of Mr. Scott, of Fauquier, the Convention adopted trie fol¬ 
lowing resolution: 

Resolved , That the Secretary cause to be printed for the Convention, the 
Auditor’s statement of white, slave, and free coloured population of \ ir- 
ginia ; and of federal population, and of white and black titheables. prepared 
and laid before the last General Assembly, (as contained in document No. 2, 
p. 32 to 39;) also, the statement of white titheables, population and revenue, 
of 1849, with representation in the Legislature, laid before the same session, 
(doc. No. 31.) 

On motion of Mr. Strother, the rule was suspended, and the vote adopt¬ 
ing the 9th rule, as reported by the committee on rules, was reconsidered ; 
thereupon a motion was made by Mr. Strother to amend the said rule in 
the fifth line by striking therefrom the word “ including,” and inserting in¬ 
stead thereof “ excepting,” and being put to the Convention was deter¬ 
mined in the affirmative. The rule, as amended, was then adopted ; and 
is as follows : 

9. “ While the President is reporting or putting a question, none shall 
entertain private discourse, read, stand up, walk into, or out of, the House ; 
and when a motion to lie on the table is made, there shall be no debate 
upon that, or any incidental question arising out of it, excepting an ap¬ 
peal.” 

On motion of Mr. Byrd, the Convention agreed to take up and consider 
the report of the committee of thirteen on the method of submitting amend¬ 
ments to the Constitution. 

Mr. Byrd then moved that the Convention proceed to the consideration 
of the first resolution of the said committee, and the motion was agreed to 
by the Convention. The resolution is as follows : 

“ Resolved , 1st, That a committee of twenty-four members, to be taken 
in equal numbers from the four great divisions of the State, respectively, be 
appointed to take into consideration, and report a proper basis of repre¬ 
sentation in the two houses of the General Assembly, and a proper appor¬ 
tionment of representation among the people of this commonwealth. 

Mr. Stanard submitted a motion that the said resolution be amended by 
striking out all after the word “ Resolved,” and inserting the following : 
“ That a committee of twenty-five members be appointed to take into con¬ 
sideration and report a proper basis of representation in the two houses of 
the General Assembly, and a proper apportionment of representation among 
the people of this commonwealth.” 

Pending the consideration of which, Mr. Pendleton moved that the 
Convention do adjourn, which motion was decided in the negative : and 
after further consideration and discussion, on motion of Mr. Faulkner, 
the Convention adjourned. 


55 


Friday, October 25th, 1850. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Moore, of the Presbyterian church: after which, 
the journal of yesterday’s proceedings was read and approved. 

Upon motion of Mr. Braxton, the unfinished business of yesterday was 
laid upon the table, and 

Mr. Braxton, from the committee on the compensation of officers of 
the Convention, presented a farther report, as follows: 

. Resolved , That the person who cleans out the Capitol shall, for his ser¬ 
vices, be allowed fourteen dollars a week so long as the Convention occu¬ 
pies the Hall of the House of Delegates, and that the Secretary of the 
Convention certify the same to the Auditor of Public Accounts.” And 
the Convention agreeing with the committee in their said report, adopted 
the same. 

On motion of Mr. Braxton, the Convention took up and considered a 
report made on a former day by the same committee, and agreeing with the 
committee therein, adopted the same. 

The President submitted a communication from George W. Munford, 
Esq., Clerk of the House of Delegates, which was read as follows: 

“ To the Hon. John Y. Mason, President of the Convention: 

Sir —In compliance with a resolution of the Convention, I have the 
honor to submit an abstract from the reports of the Clerks of the Courts 
of Appeals and of the Circuit Courts of this Commonwealth, exhibiting 
the state of the suits and the length of the terms of their respective courts 
during the year ending the 30th of August, 1850. As many of the clerks 
have not made their returns, it is impossible for me to make this abstract 
more complete. 

u I am, very respectfully, yours, &c., 

“ GEORGE W. MUNFORD, C. H. D.” 

October 25th, 1850. 

On motion of Mr. Watts, of Norfolk, the above communication and the 
accompanying abstracts were ordered to be laid upon the table and printed. 

On motion of Mr. Pendleton, the Convention proceeded to the unfin¬ 
ished business of yesterday, the question being upon the adoption of the 
amendment proposed by Mr. Stanard to the first resolution reported by 
the committee of thirteen upon the method of proceeding in amending the 
constitution. 

Mr. Price demanded a division of the question, and the Convention re¬ 
fused to strike out the first resolution after the word “ Resolved”—ayes 52, 
noes 65. 

On motion of Mr. Price, the vote was recorded, as follows: 

Ayes —Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Beale, Bocock, 
Bowles, Braxton, Burgess, Chambliss, Claiborne, Cocke, Conway, Davis, 
Douglas, Edmunds, Edwards, Flood, Fuqua, Garland, Goode, Hall, Hill, H. 
L. Hopkins, Janney, Jones, Leake, Ligon, Lynch, William Martin, Mere¬ 
dith, Moncure, Morris, Petty, Purkins, Rives, Scoggin, Robert E. Scott, 
Robert G. Scott, Shell, Southall, Stanard, Straughan, Strother, Taylor, 
Tredway, Tunis, Turnbull, Samuel Watts, Whittle, Ira Williams, Wool- 
folk and Worsham—52. 

JVays —Messrs. Anderson,' Armstrong, Bland, Blue, Botts, Bowden, 


56 




Brown, Byrd, Camden, Caperton, Carlile, Dale Carter, Chapman, Chillon, 
Deneale, Faulkner, Ferguson, Finney, Fisher, Floyd, Fulkerson, Fultz, 
Gaily, Muscoe Garnett, Hays, Hoge, George W. Hopkins, Hunter, Ja¬ 
cob, Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, Ly¬ 
ons, McCamant, McComas, Jefferson T. Martin, Miller, Moore, Murphy, 
Neeson, Newman, Pendleton, Price, Randolph, Samuels, Seymour, Shef- 
fey, Sloan, Benjamin H. Smith, Joseph Smith, William Smith, Stephenson, 
Stewart, Stuart, Summers, Tate, Van Winkle, Wm. Watts, Willey, Wing¬ 
field and Wysor—65. 

Mr. Claiborne offered the following amendment: Strike out all after 
the word u Resolved ” in the first resolution, and insert the following : 
“ That a committee of twenty-five be appointed by the President of the 
Convention, thirteen to be taken from the western and twelve from the 
eastern division ot the Commonwealth, to take into consideration and re¬ 
port a proper basis of representation in the two houses of the General As¬ 
sembly, and a proper apportionment of representation among the people of 
this Commonwealth.” 

The amendment being under discussion, Mr. Claiborne, with leave of 
the Convention, withdrew" the same. 

Mr. Hopkins, of Pov r hatan, proposed the following amendment, to be 
inserted at the end of the first resolution of the committee of thirteen: 
(l And if the committee shall be equally divided, and on that account unable 
to report, each of the two divisions shall have power, and it shall be their 
duty without delay to report their respective view T s and conclusions, and 
the House shall, as soon as practicable, resolve itself into committee of the 
whole to consider the said reports and the amendment being submitted 
to the Convention, was rejected—ayes 41, nays 76. 

On motion of Mr. Woolfolk, the vote was recorded as follows : 

Ayes —Messrs. Arthur, Banks, Barbour, Beale, Bocock; Bowles 
Braxton, Burgess, Chambliss, Claiborne, Cocke, Conway, Davis, Doug¬ 
las, Edmnuds, Finney ,Flood, Fuqua, Garland, Goode, Hall, Hill, Henry 
L. Hopkins, Jones, Leake, Ligon, Lynch, Moncure, Morris, Petty, Pur- 
kins, Rives, Scoggin, Shell, Stanard, Straughan, Tredway, Turnbull, 
Whittle, Woolfolk, and Worsham—41. 

Nays —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Bland, Blue, 
Botts, Bowden, Brown, Byrd, Camden, Caperton, Carlile, Dale Carter, 
Chapman, Chilton, Deneale, Edwards, Faulkner, Ferguson, Fisher, Floyd, 
Fulkerson, Fultz, Gaily, Muscoe Garnett, Hays, Hoge, George WJHop- 
kins, Hunter, Jacob, Janney, Johnson, Kenney, Kilgore, Knote, Letcher, 
Lionberger, Lucas, Lyons, McCamant, McComas, Jefferson T. Martin, 
William Martin, Meredith, Miller, Moore, Murphy, Neeson, Newman, Pen¬ 
dleton, Price, Randolph, Samuels, Robert E. Scott, Robert G. Scott, Sey¬ 
mour, Sheffey, Sloan, Benjamin H. Smith, Joseph Smith, William Smith, 
Southall, Stephenson, Stewart, Stuart, Summers, Tate, Taylor, Tunis, 
Van Winkle, Samuel Watts, William Watts, Willey, Ira Williams, Wing¬ 
field and Wysor—76. 6 

. Mr. Janney moved to amend the resolution under consideration by stri¬ 
king therefrom all after the word “ Assembly,” in the fifth line, which mo¬ 
tion being submitted to the Convention, was decided in the negative. 

On motion of Mr. Scott, of Fauquier, the Convention then adjourned. 


> 


57 


Saturday, Oct. 26, 1850. 

The Convention met pursuant to adjournment; and after prayer by the 
Rev. Mr. Reid, of the Presbyterian church, the journal of yesterday’s pro¬ 
ceedings was read and approved. 

The question being upon the adoption of the first resolution contained in 
the report of the committee of thirteen, to whom was referred the method 
of proceeding in amending the Constitution. 

Mr. Scott, of Fauquier, proposed to amend the resolution by adding at 
the end thereof the following: “ and also to consider and report upon all 
such prohibitions and limitations of legislative power, which they may 
deem it expedient to adopt, in connection with the subject of representa¬ 
tion.” 

Mr. Carlile proposed the following amendment by way of substitute 
for the amendment just offered : and also to take into consideration 
and report what restriction, if any, may be deemed expedient to impose 
upon the legislative department, to guard against an undue exercise of the 
taxing power.” 

Mr. Douglas demanded the previous question, which was ordered, and 
the amendment proposed by Mr. Carlile was rejected—ayes 30, nays 
87. 


On motion of Mr. Carlile, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Barbour, Bland, Blue, Brown, Camden, Car¬ 
lile, Chapman, Deneale, Fulkerson, Fuqua, Gaily, Hays, Hill, Hoge, Hen¬ 
ry L. Hopkins, Jacob, Johnson, Knote, McComas, Jefferson T. Martin, 
Murphy, N-eeson, Pendleton, Sheffey, Joseph Smith, Stephenson, James E. 
Stuart, White, Wysor—30. 

JVays —Mason, (Pres’t.) Anderson, Arthur, Banks, Beale, Bocock,Botts, 
Bowden, Bowles, Braxton, Burgess, Byrd, Caperton, Dale Carter, Cham¬ 
bers, Chambliss, Chilton, Cocke, Conway, Davis, Douglas, Edmunds, 
Edwards, Faulkner, Ferguson, Finney, Fisher, Flood, Floyd, Fultz, Gar¬ 
land, Muscoe Garnett, Goode, Hall, George W. Hopkins, Hunter, Jamiey, 
Jones, Kenny, Kilgore, Leake, Letcher, Ligon, Lionberger, Lucas, Lynch, 
Lyons, McCamant, McCandlish, William Martin. Meredith, Miller, Mon¬ 
cure, Moore, Morris, Newman, Price, Purkins, Rives, Samuels, Scoggin, 
Francis W. Scott, Robert E. Scott, Robert G. Scott, Seymour, Shell, Sloan, 
Benjamin H. Smith, William Smith, Southall, Stanard, Straughan, Stro¬ 
ther, Archibald Stuart, Summers, Tate, Taylor, Tredway, Van Winkle, 
Wallace, Samuel Watts, William Watts, Whittle, Willey, Ira Williams, 
Wingfield, Worsham—87. 

The question then recurred upon the adoption of the amendment pro¬ 
posed bv Mr. Scott, of Fauquier, and being put to the Convention, was 
decided in the affirmative—ayes 98, noes 19. 

On motion of Mr. Muscoe Garnett, the vote was recorded, as follows: 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Arthur, Banks, 
Beale Barbour, Blue, Bocock, Potts, Bowden. Bowles, Brown, Burgess, 
Byrd, Camden, Chambers, Chambliss, Chilton, Cocke, Conway, Davis, De¬ 
neale, Douglas, Edmunds, Edwards, Faulkner, Ferguson, Finney, Flood, 
Floyd, Fultz, Fuqua, Garland, Muscoe Garnett, Goode, Hall, Hays, Hill, 
George W. Hopkins, Henry L. Hopkins, Hunter, Jacob, Janney, Johnson, 
Jones, Kenney, Leake. Ligon, Lionberger, Lucas, Lynch. Lyons, McCa¬ 
mant, McCandlish, Jefferson T. Martin, William Martin, Meredith, Miller, 

8 


58 


Moncure, Moore, Morris, Murphy, Neeson, Newman, Pendleton, Petty, 
Price, Purkins, Samuels, Scoggin, Francis W. Scott, Robert E. Scott, Ro¬ 
bert G. Scott, Seymour, Shell, Sloan, William Smith, Southall, Stanard, 
Stewart, Straughan, Strother, Stuart, Summers, Tate, Taylor, Tredway, 
Van Winkle, Wallace, Samuel Watts, William Watts, White, Whittle, 
Willey, Ira Williams, Wingfield, Worsham and Wysor—98. 

Nays —Messrs. Barbour, Bland, Caperton, Carlile, Dale Garter, Chap¬ 
man, Fisher, Fulkerson, Gaily, Iloge, Kilgore, Knote, Letcher, McGomas,. 
Rives, Sheffey, Benjamin H. Smith, Joseph Smith and Stephenson—19. 

The resolution, as amended, was then adopted by the Convention, as fol¬ 


lows : 

“ Resolved , That a committee of twenty-four members, to be taken in 
equal numbers from the four great divisions of the State respectively, be 
appointed to take into consideration and report a proper basis of represen¬ 
tation in the two Houses of the General Assembly, and a proper apportion¬ 
ment of representation among the people of this commonwealth ; and also 
to consider and report upon all such prohibitions and limitations of Legis¬ 
lative power which they may deem it expedient to adopt, in connexion with 
the subject of representation.” 

On motion of Mr. Byrd, the Convention agreed to consider together 
the remaining eight resolutions contained in the report of the committee of 
thirteen ; and the question being upon the adoption of the said resolutions, 
was determined in the affirmative. 

On motion of Mr. Summers, the Convention adopted the following re¬ 
solution : 

Resolved , That the First Auditor be, and he ; is hereby requested, to in¬ 
form this Convention within what probable time he will be able to furnish 
the various reports, calculations and tabular statements, called for by the 
several resolutions, which have been adopted by the Convention, and di¬ 
rected to that officer; and especially that he state the probable time within 
which he will be able to furnish the information called for by the resolution 
moved by Mr. Faulkner, of Berkeley, and adopted on the 17th day of 
October, 1850. 

On motion of Mr. Ferguson, the Convention then adjourned. 


Monday, October 28, 1850. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Dibrell, of the Methodist church ; after which the 
journal of Saturday’s proceedings was read and approved. 

The President announced the following committees, which were directed 
to be appointed by the report of the committee of thirteen, adopted on Sat¬ 
urday last: 

A committee on the basis and apportionment of Representation , &c.— 
Messrs. Summers, Samuels, Robert E. Scott, Cox, William G. Brown, 
Miller, Tredway, Beale, Southall, Conway, Faulkner, Geo. W. Hopkins, 
Dyne ale, Caperton, Bocock, Stanard, Hays, Sheffey, William Martin,. 
Ridley, Wysor, James E. Stewart, Barbour, M. R. H. Garnett. 

A committe on the right of suffrage and qualifications of persons to be 
elected, &c.—Messrs. Johnson, Woolfolk, Chambers, Dale Carter, Fergu¬ 
son, White, James Smith, Lionberger, Bland, Blue, Petty, Newman, Da¬ 
vis, Edwards, Scoggin. 



59 


A committee on the Legislative department of the Government— 
Messrs. Goode, Randolph, Seymour, Jefferson T. Martin, Pendleton, Stu¬ 
art, Lucas, Price, Wingfield, Fuqua, Chilton, Moore, John A. Carter, 
Jones, McComas, Camden, Arthur R. Smith, William Watts, Douglas. 

A committee on the Judiciary —Messrs. Moncure, Janney, Byrd, 
Benjamin H. Smith, Lyons, Bowden, Hoge, Whittle, Shell, Taylor, Cook, 
Jacob, Hill, Chambliss, Cocke. 

A committee on the County Courts , County organization and County 
taxation —Messrs. Robert G. Scott, Strother, Hunter, Chapman, Leake, 
Samuel Watts, Fultz, Francis W. Scott, Fisher, Tate, Wallace, Van 
Winkle, Worsham, Willey, Garland. 

A committee on the Executive department a?id ministerial officers — 
Messrs. Edmunds, Floyd, Claiborne, Letcher, Finney, Braxton, Banks, 
Anderson, Carlile, McCamant, Snowden, Meredith, Armstrong, Kenney, 
Turnbull. 

A committee on Education and Public Instruction —Messrs William 
Smith, McCandlish, Lynch, Gaily, Samuel C. Williams, Hall, Purkins, 
Kilgore, Muscoe Garnett, Stephenson, Burgess, Ligon, Morris, Bowles, 
Tunis. 

A committee on the Bill o f Rights and on such portions of the Consti¬ 
tution as are not referred to other committees—Messrs Botts, Henry L. 
Hopkins, Saunders, Sloan, Fulkerson, Snodgrass, Straughan, Neeson, 
Flood, Knote, Ira Williams, Rives, Murphy, Joseph Smith, Arthur. 

On motion of Mr. Finney, the Convention adopted the following reso¬ 
lution : 

Resolved That the committee on the Executive enquire into the expe¬ 
diency of abolishing the Executive Council. 

On motion of Mr. Camden, 

Resolved , 1st. That the committee appointed to take into consideration so 
much of the present constitution as relates to the right ofsuffrage, beinstrucled 
to enquire into the expediency of extending such right to all free white 
inale citizens of the commonwealth of sane mind, not being a pauper or 
convicted of infamous crime, who have resided in the state twelve months 
and in the county three months prior to the time of voting. And also .en¬ 
quire into the expediency of prohibiting any voter from giving more than 
one vote at the same election. \ 

Resolved , 2d, That the committee of nineteen appointed to take into 
consideration all such parts of the Constitution as relates to the Legislative 
department, &c., be instructed to enquire into the expediency of reducing 
the term of Senators to the General Assembly from four to two years, .and 
of making the sessions of the General Assembly biennial instead of annual. 

Resolved , 3d, That the said committee on the Legislative department 
also enquire into the expediency of taking from the Legislative department 
all action upon matters that may be safely committed toother departments, 
such as the granting of divorces, establishing precinct elections, fixing the 
time of holding courts, and the allowance and settlement of all private 
claims against the commonwealth. 

Resolved, 4th, That the committee appointed to take into consideration 
so much of the present constitution as relates to the County Courts, &c., 
be instructed to enquire into the expediency of abolishing the said County 
Courts, and transferring the judicial business to the Circuit Courts, and of 


CO 


electing annually, by the qualified voters, a board of commissioners in each 
county or corporation, to transact the matters of police now transacted by 
the said courts, and of electing by the people for limiled periods, justices 
af the peace, constables, sheriffs, attornies for the commonwealth and all 
other county officers. 

Resolved , 5th, That the committee appointed to consider and report 
upon such amendments and alterations to the ( onstitution, relating to the 
term of office, powers and duties of the Governor, Lieutenant Governor 
and Council, and all other state officers executive and ministerial, be instruc¬ 
ted to enquire into the expediency of abolishing the Executive Council— 
of electing a Governor and Lieutenant Governor by the people for a term 
of three years, and of electing in like manner all other state officers, exe¬ 
cutive and ministerial, for limited periods. 

Resolved , 6th, that the committee appointed to enquire into and report 
what provisions should be inserted in the Constitution, in relation to Edu¬ 
cation and Public Instruction, do enquire into the expediency of inserting 
in the Constitution a provision for the establishment of common schools 
lb roughout the commonwealth, for the free and equal education of all the 
children therein. 

Resolved ,, 7th, That the committee of twenty-four appointed to take 
into consideration and report a proper basis of representation in the two 
houses of the General Assembly, and a proper apportionment among the 
people of this commonwealth, enquire into the expediency of basing such 
representation and apportionment upon the free white population of the 
state exclusively ; or by giving to an equal number of qualified voters 
an equal representation, without regard to wealth or property. 

On motion of Mr. Woolfolk, the following resolutions, which were laid 
upon the table, were taken up and adopted by-the Convention: 

By Mr. B OTTS, 

Resolved, That the committee on the legislative department of the gov¬ 
ernment be instructed to enquire into the expediency of providing for a uni¬ 
form system of taxation, on the ad valorem principle, upon every species 
and description of property in the commonwealth, real, personal, and 
mixed. 

By Mr. Bowden, 

Resolved, That the committee on the legislative department be instructed 
to enquire and report on the propriety of inserting the following as sections 
iif the new or amended Constitution : 


1. The Legislature shall not, at any one session, create any debt or 
debts, liability or liabilities, of the state, which shall singly or in the aggre- 
gtfte, exceed thousand dollars, except for purposes of war or to sup¬ 
press insurrection, unless the same shall be authorized by a lav/ for some 
single object or work, to be distinctly specified therein, which,law shall pro¬ 
vide the ways and means, exclusive of loans, to pay the interest of each 
debt or liability as it falls due, and also to pay and discharge the principle 
Of such debt or liability within years from the time of the contracting 
thereof, and shall be irrepealable until such debt or liability and the interest 
thereon are fully paid and discharged ; and all the money to be raised by 
tee authority of such law shall be applied only to the specified object 
soded therein, and to the payment of the debt thereby created. 

2. The Legislature shall not have the power to pass any act or resolu- 


61 


lion for the appropriation of any money or the creating of any debt excee¬ 
ding the sum of dollars at any one time unless the same on its final 
passage shall be voted for by a majority of all the members then elected to 
each branch of the General Assembly, and the yeas and nays thereon en¬ 
tered on the journal. 

3. The Legislature shall not pledge the faith of the state for the pay¬ 
ment of any bonds or other contracts or obligations for the benefit or use 
of any person or persons, corporation, or body politic, whatever; but the 
state shall have the right to issue new bonds in payment of its outstanding 
obligations or liabilities, whether due or not; the said new bonds, how¬ 
ever, are not to be issued for a larger amount, or at a higher rate of inte¬ 
rest than the original obligations they are intended to replace. 

4. Tills may originate in either house, and be amended, altered or reject¬ 
ed by the other ; but no bill shall have the force of a law, until on three 
several days it be read in each house, and free discussion be allowed thereon, 
unless in case of great emergency, four-fifths of the House in which the bill 
shall be pending may deem it expedient to dispense with this rule; and 
every bill having passed both Houses, shall be signed by the Speakers of 
the Houses. 

By Mr. Brown, 

Resolved , That the committee on the Legislative department of the gov¬ 
ernment be instructed to enquire into the expediency of incorporating into 
the Constitution, the following limitations upon the Legislative department 
of the government: 

1st. That no law shall be passed abolishing or impairing the rights of 
individuals in their property, without the consent of the owners thereof. 

2d. That no one species of property shall be taxed higher than an¬ 
other, but that taxation shall be ad valorem and uniform throughout the 
commonwealth. 

3d. That the Legislature shall not borrow money on the credit of the 
state (unless it be for repelling invasion or suppressing insurrection) with¬ 
out the consent of the people directly expressed through the qualified voters, 
in a vote taken for that purpose. 

4th. That all bills making appropriations for works of internal im¬ 
provement shall provide by taxation for raising the money so appropri¬ 
ated. 

5th. That the Legislature shall not pledge the state as surety, or guaran¬ 
tee the bonds of any company or individual. 

6th. That no law shall be passed subsequent to the execution of any 
contract, abolishing the remedy provided by law for the enforcement there¬ 
of at the time of the execution of such contract. 

7th. Requiring all laws of incorporation for Banking purposes to be 
general and uniform, so that any association of persons, bringing themselves 
within the provisions thereof, shall have and enjoy all the rights, privili- 
ges and immunities of such laws. 

By Mr. Carlile, 

Resolved , That the committee on the Legislative department of the 
government enquire into and report upon the expediency of providing con¬ 
stitutional restrictions upon the formation of new counties, so that here¬ 
after no new county shall be former!, if by doing so it reduces any county 
out of which it is formed, cither in whole or in part, below the area of four 


62 


hundred square miles, and so that no line or boundary of such new county 
shall run nearer the county seat of any county than twelve miles. 

2. Resolved , That the committee on county organization enquire into 
and report upon the expediency of making it the duty of the Legislature, at 
its first session after the adoption of the constitution, to provide by law for 
laying off the counties of this state into districts or townships of convenient 
size for the election of at least one justice of the peace, and one constable 
(and such other district officers as may be created by law) for each of said 
districts by the voters of the district: provided , however, that no district 
shall contain less than fifty nor more than two hundred voters. 

3. Resolved , That the Legislative committee enquire into and report upon 
the expediency of making it the duty of the General Assembly to provide 
by law for the taking of the census of this state in the year one thousand 
eight hundred and fifty-five, and every ten years thereafter, and of appor¬ 
tioning representation in the General Assembly throughout the state, after 
the return of every census, :tate and federal. 

4. Resolved , That the committee on the judiciary enquire into and report 
upon the expediency of abolishing the County Courts, and providing for 
holding four terms of a Circuit Court in each county of the state, in each 
and every year; and that said committee also enquire into and report upon 
the expediency of limiting the number of courts to two, to wit: a Su¬ 
preme Court of Appeals, and a Circuit Court having both law and equity 
jurisdiction, and that the state be laid off into judicial districts, every two 
circuits forming a district and that one term of the Court of Appeals shall 
be holden every year in each of said districts, for the determination of such 
causes as may be taken to the Court of Appeals from the district in which 
the said Courtis held, and none other ; and that the said committee also 
enquire into and report upon the expediency of electing the judges of the 
said Courts by the persons qualified to vote for members of the 
General Assembly; the said judges of the Court of Appeals to be elected 
by the voters of the state for a period not exceeding ten years, and the 
said judges of the Circuit Courts by the voters of their respective circuits 
for a period not exceeding six years. 

5. Resolved , That the same committee enquire into and report upon the ' 
expediency of making it the duty of the Legislature to provide by law for 
the election of one person from each district or township in every county, 
to meet once a year or oftener at the court house of their respective coun¬ 
ties, for the purpose of auditing all the claims against their county; laying 
the county levy: establishing precinct or district elections; appointing 
commissioners of election ; establishing, altering and repairing county roads 
and bridges, and such other business as is now transacted by the County 
Courts, which is not strictly judicial. 

■» if t-w ^ d 

By Mr. Hoge, 

Resolved , That the committee on the judiciary, in the organization of a 
Supreme Court of Appeals, be instructed to consider the propriety of divi¬ 
ding the state into five districts, and to provide for the election of one mem¬ 
ber of said court in each district, by the qualified electors therein ; and that 
the tenure of office of said judges shall not exceed twelve years. 

Resolved, That the committee on the judiciary, in the organization of 
Circuit Superior Courts of Law and Chancery, be instructed to consider 
the propriety of dividing the state into two divisions, and the subdivision of 


63 


each of the said divisions into six judicial circuits, and to provide for the 
election of one judge in each circuit by the qualified electors therein ; and 
in the arrangement of the said circuits, so to provide that the same judge 
shall not hold court two consecutive terms in the same circuit; and farther 
to provide that the tenure of office of said judges shall not exceed ten 
years. 

Resolved , That the committee on the judiciary, in the organization of the 
County Courts be instructed to consider the propriety of dividing the 
counties into wards, and to provide for the election of two or more justices 
in each ward by the qualified electors therein ; and also to provide that 
the court shall consist of a presiding judge, to be chosen by the qualified 
electors of the whole county, and two associate justices from the wards, 
provided that only one justice shall be taken from the same ward; and 
also to provide that the tenure of office of the said justices, and also of the 
presiding judge, shall not exceed four years. 

Resolved , That the committee on the judiciary be instructed to con¬ 
sider the propriety of abolishing the present mode of taking testimony in 
chancery, and the substitution of oral testimony to be taken before the 
judge who shall hear and determine the particular cause. 

By Mr. Johnson, 

Resolved , That the committee on the legislative department enquire 
into the expediency of incorporating into the constitution a provision for 
the election of a board of public works, consisting of one member from 
each of the grand divisions, and one from the state at large. 

By Mr. Straugman, 

Resolved , That the committee to whom was referred so much of the 
constitution as relates to the right of suffrage, and the qualifications of 
persons to be elected to the General Assembly, be instructed to enquire 
into and report upon the expediency of so amending the seventh section 
of article 3d of the present constitution as to make the age of a person 
to be elected to the House of Delegates at least twenty-one years,, and the 
age of a person to be elected to the Senate at least twenty-five years ; 
together with such other qualifications as the committee may think 
proper. 

Resolved , That the committee to whom was referred the Legislative 
department of the government, be instructed to inquire into and report 
upon the expediency of giving to the Senate concurrent jurisdiction with 
the House of Delegates. Also, to enquire into the expediency of biennial 
sessions of the Legislature. 

On motion of Mr. Tjredway, 

Resolved , That the committee on the right of suffrage enquire what 
restrictions are proper to be imposed on the right of suffrage in foreigners, 
immigrating to the state of Virginia. 

On motion of Mr. Bowden, 

Resolved , That the committee on the judiciary be instructed to en¬ 
quire into the propriety of incorporating the following as provisions of 
the constitution. 

1. The state shall be divided into districts, as nearly equal as con¬ 
veniently may be, in each of which, at stated times, a court shall be hol- 
den to consist of the judges of the circuits comprised in that district, (a 
majority of whom shall form a quorum.) 


64 


*\ 


2. The district court shall exercise appellate jurisdiction only over cau¬ 
ses originating in the district, and the decisions of the district court shall 
be final in all such causes, in which the subject in controversy shall not 
exceed five hundred dollars in value. 

3. Lach district shall be divided into convenient circuits, and for each 
circuit a judge shall be elected by the people thereof, who shall hold his 
office for a term of years, if so long he behave well. 

Mr. Whittle offeree! the following resolution, which on his motion 
was laid on the table and ordered to be printed: 

Resolved, That a commiitee of members be appointed to enquire 
into the expediency of inserting a clause in the Constitution, declaring 
void all laws now in force by which slaves who may be hereafter eman¬ 
cipated, and their descendants, may be permitted to remain within the 
limits of this commonwealth; to restrain the Legislative department of the 
government from passing any law granting permission to any such eman¬ 
cipated slave, or his or her descendants, to remain within the common¬ 
wealth ; and to provide that it shall be competent to the Legislature to 
pass laws for the removal of free negroes and mulattoes beyond the limits 
of this commonwealth, either with or without the consent of the said free 
negroes and mulattoes. 

Mr. Martin, of Marshall, presented the petition of sundry citizens of 
Hancock county, praying that a provision be inserted in the Constitution 
securing to mechanics a lien upon the work done by them until they are 
paid therefor. 

Ordered, That the said petition be referred to the committee on the 
bill of rights, &c. 

On motion of Mr. Claiborne, 

Resolved, That the committee on the bill of rights, &c., be instructed 
to enquire into the expediency of prohibiting the incorporation of religious 
societies. 

On motion of Mr. Fulkerson, 

Resolved, That the committee on County Courts enquire into and re¬ 
port upon the expediency of giving to single justices of the peace, juris¬ 
diction over simple breaches of the peace, with such regulations and re¬ 
strictions as the Legislature may deem proper to adopt. 

On motion of Mr. Strother the Convention then adjourned. 


mi . Tuesday, October, 29, 1850. 

1 he Convention met pursuant to adjournment, and after prayer by the 
Rev. Mi Cowles, of the Methodist church, the journal of yesterdav was 
read and approved. 

Mr. Scott, of Richmond city, from the committee charged with pre- 
pa ring a plan for publishing the proceedings and debates of the'"Convention 
submitted the following report: 

“ The committee appointed to prepare and submit a plan for reporting 
the proceedings and debates of the Convention, recommend that thesS 
shall be published in two of the daily papers in the city of Richmond- that 
ten copies of each paper be furnished for each member of the Convention 
to be put up, folded, directed, and mailed by the publishers, according to 
such instructions as each member of the Convention may give. 



65 


For the services of reporting and publishing, there shall be allowed 
and paid a sum not exceeding seven dollars and fifty cents per column, 
for matter equal to a column of the National Intelligencer and of the 
Union papers published in Washington city, and printed with the like 
type. 

For supplying the members of the Convention with copies of the papers 
containing its proceedings and debates, and for all services rendered in 
folding, directing and mailing the same, there shall be allowed and paid 
two dollars for every one hundred copies. 

Resolved , That the Convention will proceed on next to select two 
papers, the editors of which shall be charged with the duty of preparing, 
publishing, and distributing, the debates and proceedings of the Convention, 
upon the terms and in the manner above prescribed; the Convention reser¬ 
ving the right to annul the contracts with either or both of such editors, in 
case the duty of reporting, publishing, and distributing the said reports and 
proceedings be not satisfactorily performed. 

On motion of Mr. Scott, of Richmond city, the report and accompaning 
documents were ordered to be laid on the table and printed. 

On motion of Mr. F erguson, 

Resolved , That the committee on education enquire into the expediency 
of incorporating into the Constitution the following provisions: 

1. That a State Board of Education shall be established. 

2. That each county shall be divided into convenient districts, and a pub¬ 
lic school established in each. 

3. That the literary fund be increased by an annual tax to an amount 
sufficient for the support of such schools. 

On motion of Mr. Finney, 

Resolved , That the executive committee be insructed to enquire what 
restrictions should be made in relation to the pardoning power. 

On motion of Mr. Whittle, the Convention agreed to take up and con¬ 
sider a resolution offered by him on yesterday, in relation to free negroes 
and mulattoes. 

On motion of Mr. Whittle, the blank in the said resolution was filled 
with the number seven. 

Mr. Byrd moved to lay the resolution on the table, and it was decided 
in the negative. 

Mr. Neeson proposed the following amendment, to be added at the end 
of the resolution : u also to report the proper method of defraying the ex¬ 
penses of deporting such free negroes and mulattoes as may be removed un¬ 
der any act of the Legislature. 

Mr. Straughan proposed the following as an amendment to the 
amendment: “ and to purchase territory from the federal government in 
latitude south of 35 degrees, upon which to locate such free negroes and 
mulattoes, if they be expelled the commonwealth.” 

And the^question being upon the adoption of the said amendment to the 
amendment, it was decided in the negative. 

The question then recurred upon the amendment of Mr. Neeson, and it 
was rejected. 

Mr. Hopkins, of Washington, proposed to amend the resolution by stri¬ 
king therefrom the words “ a committee of seven members be appointed,” 
and insert in lieu thereof the following; “ the committee on the Legislative 

9 


66 


department be instructed,” so as to cause the resolution to read as fol¬ 
lows : 

Resolved , That the committee on the Legislative department be in¬ 
structed to enquire into the expediency of inserting a clause in the Con¬ 
stitution, declaring void all laws now in force, by which slaves who may 
hereafter be emancipated, and their descendants, may be permitted to 
remain within the limits of this commonwealth ; to restrain the Legisla¬ 
tive department of the government from passing any law granting per¬ 
mission to any such emancipated slave, or his or her descendants, to re¬ 
main within the commonwealth ; and to provide that it shall be compe¬ 
tent to the Legislature to pass laws for the removal of free negroes and 
mulattoes beyond the limits of this commonwealth, either with or without 
the consent of the said free negroes and mulattoes 

And the question being upon the adoption of the said amendment, it was 
decided in the affirmative—ayes 100, nays 20. 

On motion of Mr. Taylor, the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Banks, Beale, 
Bland, Blue, Bocock, Botts, Bowden, Bowles, Braxton, Brown, Burgess, 
Byrd, Camden, Caperton, Carlile, Dale Carter, John A. Carter, Cham¬ 
bers, Chambliss, Chapman, Chilton, Cocke, Cook, Cox, Davis, Edwards, 
Faulkner, Finney, Fisher, Flood, Fulkerson, Fultz, Fuqua, Gaily, Gar¬ 
land, Hall, Hays, Hill, Hoge, George W. Hopkins, Henry L. Hopkins, 
Hunter, Jacob, Janney, Kenney, Kilgore, Knote, Leake, Letcher, 
Ligon, Lionberger, Lucas, McCamant, McCandlish, McComas, Jefferson 
T. Martin, William Martin, Meredith, Miller, Moncure, Moore, Morris, 
Murphy, Newman, Pendleton, Price, Purkins, Ridley, Rives, Samuels, 
Saunders, Scoggin, Francis W. Scott, Seymour, Shell, Sheffey, Sloan, 
Arthur R. Smith, Benjamin H. Smith, James Smith, Joseph Smith, Wm. 
Smith, Southall, Stanard, Stephenson, Straughan, Stuart, Summers, Tate, 
Taylor, Tunis, Van Winkle, White, Willey, Ira Williams, Worsham, 
Wysor—100. 

Nays —Messrs. Arthur, Barbour, Claiborne, Conway, Deneale, Ed¬ 
munds, Ferguson, Floyd, Lynch, Lyons, Neeson, Robert E. Scott, Robert 
G. Scott, Stewart, Tredway, Wallace, Samuel Watts, William Watts, 
Whittle, Wingfield—20. 

The resolution as amended was then adopted by the Convention. 

On motion of Mr. Botts, 

Resolved , That the committee on the Legislative department of the gov¬ 
ernment be instructed to enquire into the expediency of providing that no 
slave, hereafter to be emancipated, shall be entitled to his or her freedom, 
unless the person so emancipating such slave or slaves shall first make pro¬ 
vision for his, her, or their removal, beyond the limits of the United States, 
or for the support of such as may he authorized by the Legislature to re¬ 
main within the commonwealth. 

On motion of Mr. Lyons, 

Resolved !, That the committee on the Legislative department he instructed 
to enquire into the expediency of inserting in the Constitution a clause, 
providing that no deed or will, emancipating a slave or slaves, shall be ad¬ 
mitted to record in any court in this Commonwealth, so far as it does 
emancipate such slave or slaves. 


67 


The President laid before the Convention a communication from the 
First Auditor, which was read as follows: 

FIRST AUDITOR’S OFFICE, ) 
Richmond, Oct. 29, 1850. jj 

Sir : In compliance with a resolution of the Convention adopted on the 
26th of this month, requesting me to inform that body, within what pra=- 
bable time I will be able to turnish the various calculations and tabular 
statements called for by the several resolutions which have been adopted 
by the Convention, and directed to me, I beg leave to say, that my answer 
on that subject must, at this time, be very vague and unsatisfactory. 
Were the materials with which those calculations and tabular statements 
are to be made already collected, it would be difficult even then to say, 
in advance, how soon they could be made and furnished to the Conven¬ 
tion ; but the materials are not all collected, and it is impossible for me to 
say when they will be. 

The Marshals of the Eastern and Western Districts of Virginia have 
willingly offered me their assistance, in procuring such results of the 
Census now being taken as the Convention desires to obtain. I have 
thought it prudent to ask only for the number of free white persons, 
u free coloured persons,” and slaves, distinguished, for fear of getting no¬ 
thing by asking too much. The Marshal of the Western District informs 
me that he has the returns of about one-half of the counties in his dis¬ 
trict ; and at my request he has addressed a circular to the Assistant 
Marshals, who have not made their returns to him, requesting them to 
do so, at the earliest possible moment. 

It will require some labor to be bestowed upon the schedules after they 
are returned to the Marshal of the Western District, in separating the free 
coloured from the free white persons contained in 1 he same general sche¬ 
dule, as there is but one schedule for both. I have provided for the ne¬ 
cessary attention to this matter at Staunton, where the Marshal of the 
Western District resides, as the schedules cannot be sent here. 

From all the information I can obtain on the subject, I am induced to 
believe that the information desired from the Western District can be ob¬ 
tained by the 1st of December next. 

I have addressed circulars to all the Assistant Marshals in the Eastern 
District of Virginia, and the Marshal of this Distrct has also addressed a 
circular to his Assistants on this subject. 

Returns of the population, classed as requested, have been received 
already, from a few counties. Many others of the Assistant Marshals 
have, by letter, promised me the desired information at a future day. In 
Eastern Virginia, I have requested the Assistant Marshals themselves to 
separate the free coloured from the free white inhabitants of their districts. 
Where this is not done, the return of the schedule to the Marshal will 
have to be waited for. I am induced to believe that the desired returns 
from Eastern Virginia can be obtained by the 1st of January next, and 
not before. 

The disposable force in the 1st Auditor’s office, with such additions as 
I could conveniently make to it, is now chiefly engaged in preparing for 
the Convention the results of the assessments of the lands of the com¬ 
monwealth made in 1850.” The act of the General Assembly of last 


68 


winter, directing a re-assessment of the lands of the commonwealth, pro¬ 
vided that the Assessors’ books should be forwarded to this office on or 
before the first of this month; but does not provide for their examination 
or correction here or elsewhere. The assessment was a hurried one, and 
the books returned here necessarily incorrect. A few of the books of 
assessment have not yet been received, and some of those received have 
not been added by the Assessors. The forty books already examined 
shew errors in the additions and recapitulations alone, for I have not 
attempted to examine the separate entry of every tract of land of 127,881 
acres; of $163,926 59 cents in the value of buildings, and of $431,767 
12 cents in the total value of lands and buildings. I state these facts to 
enable the Convention to judge of the necessity of subjecting the Asses¬ 
sors’ books to some sort of examination and correction. I am of the opinion 
that the corrected results of the assessment of the lands of the common¬ 
wealth, together with the amount of tax that would be payable thereon, 
at the rate of taxation now prescribed by law, cannot well be furnished 
before the 1st of December next. 

The tabular statement of the amount of taxes accruing on each subject 
of taxation, for the year 1850, is now completed, so far as the materials in 
this office will enable it to be completed. The returns of licenses issued 
between the 1st day of June and the 1st day of September last, though 
required by law to be made in the month of September, are not yet com¬ 
pleted. The reports of writ and seal tax, received by ( lerks of Courts 
and Notaries, are not required to be made to the Auditor’s office before the 
15th day of December; they are, consequently, net complete for the year, 
ending on the 1st day of September last. Circulars have been sent to 
the delinquent Commissioners of the Revenue, and to the Clerks of Courts 
and Notaries, to hasten these returns. This table of the taxation of 1850, 
with conjectural estimates of the license, writ and seal tax, can be fur¬ 
nished to the Convention at any time. The tax on the last mentioned 
subject, as shewn by the reports of the proper officers, cannot be embraced 
in the table, I fear, before the middle or last of November next. 

The table of titheables, and the calculation of'population therewith re¬ 
quested to be made, I will have some difficulty in furnishing to the Con¬ 
vention, as the Commissioners’ books do not invariably contain a return 
of the fret colored titheables—this information, if deemed valuable by the 
Convention, will have to be, in many cases, obtained from the counties 
and cities. 

I have spoken particularly of these tables, as I not only supposed them 
to be the most important, but desired the Convention to see how I anived 
a - my conclusions as to the time when they can probably be furnished. 

The other calls of the ( invention on this office, so far as it is practica¬ 
ble to answer them at all, can be answerd, I think, by the 15th of De¬ 
cember; but this will depend very much upon the amount of valuable as¬ 
sistance I shall be able to procure, beyond that now in the office. The 
regular clerks in the office are necessarily engaged in transacting the cur¬ 
rent business thereof, in preparing the annual statements for The Legis¬ 
lature, and in preparing to receive, in December, the revenue of the 
year. 

I need not, I hope, say, that every exertion will be made to furnish the 


69 


Convention with all the information called for, at the earliest practicable 
period. 

I am, with great respect, your ob’t serv’t, 

RO. JOHNSTON, 1st Auditor. 
The Hon. John Y. Mason, President of the Convention. 

On motion of Mr. Summers, the said communication was ordered to be 
laid upon the table and printed. 

On motion of Mr. Martin, of Marshall, 

Resolved , That the committee on education he instructed to enquire in¬ 
to the expediency of incorporating into the organic law of the State a per¬ 
manent system of primary education. 

Resolved , That the committee on the Legislative department be instruc¬ 
ted to enquire into and report to the Convention the most equitable prin¬ 
ciple of taxation ; and also to take into consideration the checks and bal¬ 
ances necessary to be thrown around the appropriating powers of the Le¬ 
gislature, in order to protect and secure the rights and interests of all por¬ 
tions of the Commonwealth, and report thereon to this Convention. 

On motion of Mr. Letcher, 

Resolved , That the Second Auditor be requested to lay before this Con¬ 
vention a statement showing what portion of the literary fund has been 
loaned to colleges, academies, or other literary or medical institutions, since 
the year 1829; the names and location of the several institutions to which 
such loans have been made, and the sum loaned to each; the nature of the 
securities and their present solvency ; the amount of interest paid by each, 
and when paid ; and the amount of interest now due from each; and he 
will also show on which of said loans the interest has been remitted by the 
Legislature. 

Resolved , That the First Auditor be requested to lay before the Conven¬ 
tion a statement showing the amount paid out of the treasury (in each 
year) for convict slaves, from the year 1800 to the present time, distin¬ 
guishing in said statement the amount paid out in each of the four grand 
divisions of the State. 

On motion of Mr. Blue, 

Resolved, That the several committees appointed by order of the Con¬ 
vention have power respectively to appoint a clerk, if they deem it neces¬ 
sary, and that they be allowed a reasonable compensation for their services, 
to be fixed by the committee appointed for the purpose of regulating the 
pay of other officers. 

On motion of Mr. Botts, 

Resolved , That the First Auditor he requested to furnish for the use of 
the Convention a statement of the value of the entire real and personal 
property of every description in the Commonwealth, as far as itcan be as¬ 
certained or estimated from the various sources of information within his 
reach. 

On motion of Mr. Neeson, 

Resolved , That the Secretary of the Commonwealth be, and he is here¬ 
by requested, to prepare and furnish to this Convention, as early as practi¬ 
cable, a statement of the whole number of justices of the peace in the 
State, so arranged as to show the number in each county and corporation 
thereof, and the number commissioned in the several counties and corpora- 


70 


tions in each year, from and including the year 1830 to the present time. 

On motion of Mr. Hays, 

Resolved, That the committee on the right of suffrage, &c., enquire into 
the expediency of so extending and guarding the elective franchise, that, 

1st, It may be exercised by all free white male citizens, twenty-one 
years of age, of sane mind, not convicted of infamous crime, and who have 
a common permanent interest w T ith, and attachment to, the community. 

2d, That the evidence of such common interest and attachment shall be 
found in a residence of two years within the Commonwealth, twelve months 
in the county or election district next preceding the time in which he may 
offer to vote, and the payment of all public dues imposed by law. 

3d, That the privilege may be exercised by all such, other than proper¬ 
ty-holders, there shall be annually a tax of cents levied upon all such 
citizens,^and paid into the public treasury, which, with an equal sum taken 
annually from the ordinary revenues of the government, shall constitute a 
fund to be set apart for the education of all the children of this Common¬ 
wealth. 

On motion of Mr. Hopkins, of Washington, the Convention adjourned. 


Wednesday, October 30, 1850. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Mr. Lee, of the Methodist church, the journal of yesterday’s pro¬ 
ceedings was read and approved. 

On motion of Mr. Moncure, 

Resolved, That the several standing committees be authorized to have 
such printing done as they may deem proper. 

On motion of Mr. McL'amant, 

Resolved , That the committee on the Legislative department of the gov¬ 
ernment enquire into the expediency of providing for the registration of 
all the qualified electors in each county, and from time to time, of all who 
may become such qualified electors. 

Resolved, That the committee on the Legislative department of the 
government be instructed to enquire into the expediency of providing that 
no law of the General Assembly, of a public nature, shall take effect until 
the same shall be published and circulated in the several counties of this 
Commonwealth by authority. 

On motion of Mr. Purkins, 

Resolved , That the committee on the County Courts be instructed to 
enquire into the expediency of adopting the following as an amendment to 
the existing Constitution of Virginia : 

1. There shall be established in each county in the State a court to be 
held by the justices of the peace, and called a*County Court, which shall 
have jurisdiction in all matters relating to county taxes, disbursements of 
money for county purposes, and in all other cases of local concern in their 
respective counties. 

2. There shall be elected by the qualified electors in each county an officer 
to be called the presiding Judge of the county, who shall hold his office 
for four years, and be re-eligible. He shall be a Judge of probate, and 
have, in addition to such jurisdiction, as may be exercised by justices of 
the peace in their 'respective townships, jurisdiction in matters relative to 



71 


estates of deceased persons, executors, administrators and guardians j and 
such other jurisdiction as may from time to time he conferred by law. 

3. The qualified voters residing in each township shall elect the justices 
of the peace for their respective townships. For every one hundred voters, 
there shall be elected one justice of the peace. They shall hold their of¬ 
fices for two years, and be re-eligible; they shall reside in the township 
for which they were elected during their continuance in office ; they shall 
have jurisdiction in all matters of controversy within their respective town¬ 
ships (except actions of covenant,) when the sum is one hundred dollars 
and under ; and such other jurisdiction as may from time to time be confer¬ 
red on them by law. 

4. The presiding Judge of the county and the justices of the peace shall 
receive such compensation as may be provided by law, provided neither 
shall in any case be compensated by fees. 

On motion of Mr. Martin, of Marshall, 

Resolved, , That the committee on the right of suffrage, &c., be instruc¬ 
ted to enquire into the expediency of providing in the Constitution that in 
all elections by the people, the vote shall be taken by ballot. 

The following resolution, proposed by Mr. Price, was, on motion of 
Mr. Edwards, of Fairfax, laid upon the table: 

Resolved , That when the Convention adjourns to-day, it will adjourn 
to meet on the first Monday in January next. 

On motion of Mr. Miller, 

Resolved, That every resolution of enquiry shall be referred to the ap¬ 
propriate committee, without question, unless objection be made. 

The President presented a communication from Wm. C. Carrington, 
Esq., which was read as follows: 

Richmond, October 30th, 1850. 

Hon. John Y. Mason, President of the Virginia State Convention: 

Sir: —I beg leave respectfully to inform the Convention through you, 
that 1 propose to publish full reports of the proceedings and debates in the 
Daily Times , upon the terms and according to the plan recommended by 
the special committee, to whom the subject was referred. 

Very respectfully, your obedient servant, 

WM. C. CARRINGTON, 
Proprietor of the Times. 

On motion of Mr. Watts, of Norfolk county, the said communication 
was ordered to be laid upon the table and printed. 

On motion of Mr. Wise, 

Resolved , That the committee on the Legislative department be instruc¬ 
ted to consider and report upon a plan of limiting and regulating the Le¬ 
gislative power in respect to appropriations for public works, and works of 
internal improvement; of classifying those works according to their grade 
of importance, and of directing appropriations for them by law according 
to their respective classes; and of limiting appropriations entirely from the 
State treasury to works of primary importance. 

Mr. Wise proposed the following resolution: 

Resolved , That the committee on the judiciary be instructed to consider 
and report upon a plan of ascertaining by actual survey and location, all 
vacant, forfeited and unappropriated lands of the Commonwealth ; of reg- 


Vila ting the disposition of the same, and of the proceeds of the sale thereof; 
and of quieting all land titles or claims under grants, warrants or patents 
of the State. 

On motion of Mr. Lyons, the resolution was ordered to be laid upon the 
table and printed. 

On motion of Mr. Straughan, the Convention adjourned. 


Thursday, October 31, 1850. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Mr. Carter, of the Methodist church, the journal of yesterday’s pro- 
, ceedings was read and approved. 

The President submitted a communication from Messrs. Heath, El¬ 
liott, Scott & Co., proprietors of the Richmond Whig, which was read as 
follows: 

Richmond, Oct. 30, 1850. 

To the Hon. John Y. Mason, President of the Convention : 

Sir —The undersigned, proprietors of the Richmond Whig, Teg leave 
respectfully to state, that if the report of the committee appointed to pre¬ 
pare a plan for reporting and publishing the proceedings and debates of the 
Convention be adopted, they desire to be considered candidates for one of 
the offices created. They will undertake to perform, the work upon the 
terms contained in the report. If any other plan should be adopted, con¬ 
templating the publication of the debates in any of the city newspapers, 
they wish to be regarded as applicants for the appointment. 

We have the honor to be, with high respect, your ob’t servt’s, 

HEATH, ELLIOTT, SCOTT & CO. 

On motion of Mr. Watts, of Norfolk county, the communication was 
laid upon the table and ordered to be printed. 

On motion of Mr. Hoge, 

Resolved , That the First Auditor be requested to furnish for the infor¬ 
mation of the Convention, the amount of mileage paid to each of the 
Judges of the General Court respectively, and the manner in which their 
mileage is audited. 

On motion of Mr. Jacob, 

Resolved, That the committee on the bill of rights, &c., enquire and re¬ 
port whether any, and if any, what provisions can be appropriately incor¬ 
porated in the Constitution in regard to the appointment of judges of elec¬ 
tions ; and also in regard to future amendments of the Constitution of the 
State; and also in regard to the mode of electing members of Congress, 
and of arranging and defining congressional districts. 

On motion of Mr. Ferguson, 

Resolved, That the First Auditor be requested to report to this Con¬ 
vention the annual salary of each of the Judges of the Court of Appeals 
and Circuit Courts, together with the amount paid to each of the Judges 
of the Circuit Courts in the year 1849, for holding the sessions of the Gen¬ 
eral Court and special Court of Appeals; and for holding special terms"of 
the Circuit Courts; also, the amount paid to the several attorneys for the 
Commonwealth during the same period. 

On motion of Mr. Martin, of Marshall, 

Resolved, That the Register of the Land Office be requested to furnish 
the Convention, at as early a period as practicable, a list of all patents is- 



73 


sued from his office since the 1st day of January, 1840, showing the ag¬ 
gregate amount of acres patented in each year respectively. 

On motion of Mr. Janney, 

Resol red, That the committee on education enquire into the propriety 
of making provision in the Constitution for a perpetual consecration of the 
literary fund to the uses and purposes of education alone. 

On motion of Mr. Price, the Convention agreed to take up and con¬ 
sider a resolution proposed by him on yesterday, in relation to the adjourn¬ 
ment of the Convention until the first Monday in January next. 

Mr. Straughan moved the following amendment to the resolution: 
<c And that no member of this Convention shall be allowed to claim or have 
any mileage in consequence of such adjournment, and no member or officer 
of this body shall be allowed to claim or have any per diem or other com¬ 
pensation for and during the recess.” 

Mr. Woolfolk moved that the resolution and amendment be indefinite¬ 
ly postponed. Pending the consideration of which, 

Mr. Tredway moved that the Convention adjourn, and it was decided 
in the negative. 

The President, by leave of the Convention, presented a communica¬ 
tion from the proprietors of the Richmond Examiner,” which was read 
as follows: 

c< To the Hon. John Y. Mason, President of the Virginia Convention: 

Sir —We beg leave to inform the body over which you preside, that 
we propose publishing their debates and proceedings according to the plan 
proposed by their committee, in a daily edition of the Richmond Examiner. 

Respectfully, &e., 

B. M. DE WITT, 

J. M. DANIEL, 

Proprietors of the Richmond Examiner. 
Richmond, Va., October 31, 1850. 

On motion of Mr. McCamant, the communication was ordered to be 
laid upon the table and printed. 

Mr. Cox moved that the Convention do now adjourn, and it was deci¬ 
ded in the negative. 

The question then recurred upon the motion of Mr. Woolfolk, indefi¬ 
nitely to postpone the resolution and amendment; and being put to the Con¬ 
vention, was determined in the negative—ayes 62, noes 65. 

On motion of Mr. Purkins, the vote was recorded, as follows: 

Ayes —Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Beale, Bocock, 
Bowles, Braxton, Burgess, Chambliss, Chilton, Claiborne, Cocke, Con¬ 
way, Cox, Davis, Douglas, Edwards, Finney, Flood, Fuqua, Garland, M. 
R. II. Garnett, Goode, Hall, Hill, Henry L. Hopkins, Jones, Kilgore, 
Leake, Ligon, Lynch, Lyons, William Martin, Meredith, Moncure, Morris, 
Petty, Purkins, Ridley, Rives, Saunders, Scoggin, Francis W. Scott, Rob¬ 
ert E. Scott, Robert G. Scott, Shell, Arthur R. Smith, Jas. Smith, South- 
all, Stanard, Straughan, Strother, Archibald Stuart, Tunis, Turnbull, Wal¬ 
lace, Samuel Watts, Ira Williams, Wingfield, Woolfolk and Worsham— 62. 

Nays —Messrs. Anderson, Armstrong, Bland, Blue, Botts, Brown, Cam¬ 
den, Caperton, Carlile, Dale Carter, John A. Carter, Chambers, Chapman, 
Cook. Deneale, Edmunds, Faulkner, Ferguson, Fisher, Floyd, Fulkerson, 

10 


74 


Fultz, Gaily, Hays, Hoge, George W. Hopkins, Hunter, Jacol), Janney, 
Johnson, Kennev, Knote, Leieher, Lionberger, Lucas, McCamant, McCo- 
mas, Jefferson f. Martin, Miller. Moore, Murphy, Neeson, Newman^ Pen¬ 
dleton, Price, Samuels, Seymour, Sloan, Benj. H. Smith, Joseph Smith, 
William Smith,Snodgrass, Stej henson, Stewart, Summers, Fate, Fred way,- 
Van Winkle, William Watts, White, Whittle, Willey, Sami. C. Williams,- 
Wise and Wysor— G5. 

On motion of Mr. Edwards, of Fairfax, the Convention then adjourn-' 
ed. 


Friday, November 1, 1850. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Mr. Courtney, of li t , ethodist church, the journal of yesterday’s 
proceedings was read ai d hi ; ioud. 

An amendment ollered b\ ± •/. Straughan to a resolution of Mr. Price, 
in relation to the adjournmer i oi the Convention until the first Monday in 
January next, being ui dei cor HA ration, Mr. Straughan, by leave of the 
Convention, withdrew his s; id amei dment. 

On motion of Mr. Pr it., > S < resolution was amended by striking there¬ 
from the word u 1o-da\,” end inserting in lieu thereof the words “ on Mon¬ 
day next, 1 ’ so that the i« solution would read as follows : u Resolved, That 
when the Convention adjoin »s oi a oral ay next, it will adjourn to meet on 
the first Monday in Jai m t\ t ir ” Pending the consideration of the res-* 
olution as amended, on motion of Mr. M. R. H. Garnett, the Convention 
adjourned. 


Saturday, November 2, 1850. 

The Convention met x ursuard !o adjournment, and was opened with 
prayer by the Rev. Di. Early. of the Methodist church; after which, the 
journal of yesterda\’s proceedings was read and approved. 

The President submitted a communication from Messrs. John J. Pal¬ 
mer and Messrs. Colin, Baptist & Nowlan, which was read as follows: 


To the Hrn. the Pro Heal Members of the Convention. 

Gent i. kmkn: Th<sulyj< ct of printing the proceedings of the Con 
vention now being under emon u lion in your body, we beg leave, 
most respectfully, to propose us I- 1! ws: 

1st. To print a ; onvmtionat Hegi- ter, in quarto form, on the plan of 
the Congressional Globe at Washington, to be devoted exclusively to 
the publication of the.pr*»ci\ dings and debates of the Convention. 

2d. To furnish each Member of the Convention with fifty copies of 
each No. of the Register; or, forward that number of copies of each 
paper to such persons as the Member may direct. 

3d. Each issue of the nper to amount to seven thousand copies, and 
the cost to he the same now prop >sed by a Committee of the Convention 
to be paid for the publication of the proceedings in two papers of the 
city of Richmond. 

We beg leave to add. that the plan proposed by ns will enable all who 
teceive the Register to have if hound up in a book of convenient size at 
the termination of the labors of t*>e Convention : 

That it will give a much larger and a more general circulation 


i 




75 


throughout the entire State, than would ihe publication in any two local 
papers of the state. 

That we deem it important to the state, and to the people generally, 
that the proceedings of the Convention should be printed as we propose, 
in a convenient, enduring form, and for future reference, &c. 

In short, we believe that there are many other reasons, which will 
readily suggest themselves to your honorable body, to show that the 
objects and purposes of the Convention will oe more tully accomplished 
by the plan here proposed than by any newspaper publication. 

JOHN J. PALM OK, and 
COLIN, BAPTIST & NO WLAN. 

On motion of Mr. Hall, the communication was laid upon the table 
and ordered to be printed. 

On motion of Mr. Williams, of Shenandoah, 

Resolved , That the First Auditor, at the earliest practicable period, re¬ 
port to this Convention the number of free white persons in this Common¬ 
wealth, over the age of twenty, who can neither read nor write. 

Resolved, That the Second Auditor be requested to furnish the Conven¬ 
tion with the number of poor children in this Commonwealth sent to school; 
the number deriving no benefit from the literary fund; also, the number of 
schools in the different counties and cities, basing such report upon thedast 
report of the school commissioners. 

The Convention then passed to the consideration of the resolution pro¬ 
posed by Mr. Price, in relation to the adjournment of the Convention un¬ 
til the first Monday in January next; and upon this, Mr Martin, of Henry, 
demanded the main question, which was sustained ; and the question upon 
the adoption of the said resolution being put to the Convention, was deci¬ 
ded in the affirmative—ayes 66, noes 62. 

On motion, the vote was recorded, as follows : 

Ayes —Messrs. Anderson, Bland, Blue, Brown, Byrd, Camden, Caper- 
ton, Carlile, Dale Carter, John A. Carter, Chambers, Chapman, Claiborne, 
Cook, Deneale, Edmunds, Faulkner, Ferguson, Fisher, Floyd, Fulkerson, 
Fultz, Gaily, Hays, Hoge, George W. Hopkins, Hunter, Jacob, Janney, 
Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, McCamant, 
McComas, Jefferson T. Martin, Miller, Moore, Murphy, Neeson, New¬ 
man, Pendleton, Price, Samuels, Seymour, Sloan, Benjamin H. Smith, Jo¬ 
seph Smith, William Smith, Snodgrass, Stephenson, Stewart, Summers, 
Tate, Tredway, Van Winkle, William Watts, White, Whittle, Willey, S. 
C. Williams, Wise and Wysor—66. 

Nays —Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Beale, Bo- 
cock, Botts, Bowden, Bowles, Braxton, Burgess, Chambliss, Chilton, 
Cocke, Conway, Cox, Davis, Douglas, Edwards, Finney, Flood, Fuqua, 
Garland, Muscoe R. H. Garnett, Goode, Hall, Hill, Jones, Leake, Ligon, 
Lynch, Lyons, McCandlish, William Martin, Meredith, Moncure, Morris, 
Petty, Purkins, Ridley, Rives, Saunders, Scoggin, Francis W. Scott, Ro¬ 
bert E. Scott, Robert G. Scott, Shell, Arthur R. Smith, James Smith, 
Southall, Stanard, Straughan, Strother, Stuart, Tunis, Turnbull, Wallace, 
Samuel Watts, Ira Williams, Wingfield, Woolfolk and Worsham—62. 

On Mr. Price’s motion, it was ordered that when the Convention ad¬ 
journ to-day, it will adjourn to meet at ten o’clock on Monday next. 


76 


On motion of Mr. Wise, the Convention agreed to take up and consider 
a resolution which was offered by him and laid upon the table, in relation 
to forfeited and unappropriated lands. 

Thereupon, Mr. Wise proposed the following amendment as a substi¬ 
tute for the said resolution, and it was agreed to by the Convention : 

Resolved , That a select committee be appointed by the Chair, consisting 
of six members, in equal numbers from the eastern and western divisions of 
the State, to consider and report upon the policy of a constitutional pro¬ 
vision, directing the Legislature to provide by law for ascertaining, by ac¬ 
tual survey and location, all vacant, forfeited and unappropriated lands of 
the Commonwealth ; for regulating the disposition of the same and of the 
proceeds of the sales thereof; and for quieting all land titles or claims, un¬ 
der grants, warrants, or patents of the State. 

On motion of Mr. Floyd, 

Resolved, That the committee on the Legislative departmect enquire 
into and report the expediency of conferring upon the Legislature authori¬ 
ty so to discriminate in the taxes imposed by law on licenses, as to prohibit 
the goods, wares and merchandize purchased in any non«slaveholding State 
of this Union from being sold, either by wholesale or retail, within this 
Commonwealth. 

On motion of Mr. McCamant, the Convention then adjourned. 

Monday, November 4th, 1850. 

The Convention met pursuant to adjournment; and after prayer by 
the Rev. Mr. Kingsford, of the Baptist C hurch, the Journal of last Sat¬ 
urday’s proceedings was read and approved. 

On motion of Mr. Cox, 

Resolved , That a committee of three be appointed to make arrange¬ 
ments for the re-assembling of the convention in this hall on the first 
Monday in January next; and if such arrangements cannot be made, to 
procure another suitable place. 

The President subsequently announced the following committee, 
under the said resolution :—Messrs Cox, Strother, and Tate. 

On motion of Mr. Muscoe Garnett, 

Resolved. That the proviso to the seventh section of the third article 
of the present constitution, be referred to the legislative committee, with 
instructions to enquire whether the same should not be made more com¬ 
prehensive, and so fully explained as clearly to define what offices are 
considered lucrative , and who are ministers of the gospel and priests , 
within the meaning of the said proviso. 

Mr. Scott, of Richmond city, offered the following resolution : 

Resolved , That during the recess of the convention, the first and se¬ 
cond Auditors, the Secretary of the commonwealth, the Register of the 
land office, and the Clerk of the House of Delegates, be, and they arc here¬ 
by requested, to deliver, as the same may be prepared, their respective 
reports in answer to the various resolutions calling on them for informa¬ 
tion, to the Secretary of the Convention; of which six hundred copies 
shall be printed under the direction of the Secretary, who shall forward, by 
mail, one copy to each member of the convention, and pay the postage 
thereon. For the services rendered by the Secretary during the re¬ 
cess, he shall be paid and allowed the sum of dollars per week. 



Mr. Carlile moved to till the blank with $28 00. 

Mr. Scott, of Richmond city, moved to till with $50 00. 

The question being first put upon the larger sum, it was agreed to by 
the convention, ayes 79, noes 26. On motion of Mr.'C arlile, the vote 
was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Banks, Barbour, Bland, Blue, Bocock, 
Bowden, Bowles, Brown, Burgess, Byrd, Caperton, John A. Carter, 
Chambers, Chapman, ( hilton, Claiborne, Cox, Deneale, Douglas, Edwards, 
Ferguson, Finney, Fisher, Flood, Floyd, Fuqua, Gaily, Garland, Muscoe 
R. H. Garnett, Goode, Hall, Hill, Hoge, Henry L. Hopkins, Hunter, 
Jacob, Janney, Jones, Leake, Letcher, Ligon, Lionberger, Lyons, McCa- 
mant, McCandlish, McComas, William Martin, Meredith, Moncure, Moore, 
Morris, Murphy, Neeson, Price, Randolph, Samuels, Scoggin, Robert E. 
Scott, Robert G. Scott, Sloan, Arthur R. Smith, Benjamin H. Smith, 
James Smith, William Smith, Stewart, Strother, Stuart, Summers, Tunis, 
Turnbull, Van Winkle, Wallace, William Watts, Wiley, Ira Williams, 
Wise, Woolfolk, Worsham—79. 

JVciys —Messrs. Armstrong, Arthur, Botts, Camden, Carlile, Dale Carter, 
Cocke, Davis, Faulkner, Fulkerson, Fultz, Muscoe Garnett, Hays, George 
W. Hopkins, Johnston, Kilgore, Knote, Lucas, Jefferson T. Martin, Pur- 
kins, Joseph Smith, Snodgrass, Stephenson, Tate, Samuel Watts, White— 
26. 

On motion of Mr. Srother, the resolution was amended by adding 
thereto the following : “And that the secretary be authorized, duringthe 
recess, to certify for payment, the bills of the printers of the convention, 
for such printing as maybe done prior to the first Monday in January.” 

Mr. Camden moved to lay the resolution as amended on the table, 
and it was decided in the negative. The resolution as amended was then 
adopted by the convention. 

On motion of VIr. McCamant, 

Resolved , That the committee of twenty-four, on the basis of repre¬ 
sentation, enquire into and report upon the expediency of requiring that 
representation in the General Assembly shall be equal and uniform, and 
shall be regulated and ascertained by the number of qualified electors. 

Resolved , 'That the committee of twenty-four, on the basis of repre¬ 
sentation, further enquire into the expediency of providing for the enu¬ 
meration of the total population, and the number of qualified electors in 
each county, city, town and borough of this commonwealth, in the year 
1852, and every tenth year thereafter; and that the legislature, at the first 
regular session after such enumeration, shall apportion the representa¬ 
tion amongst the several counties, cities, towns and boroughs, on the ba¬ 
sis of the qualified electors aforesaid. 

'The President laid before the convention a communication from Wil¬ 
liam C. Carrington Esq., which was read as follows : 

Hon. John Y. Mason, President of the State Convention: 

Sir -—1 propose, if the Times be elected as one of the papers to publish 
reports of the proceedings and debates, according to the plan of the spe¬ 
cial committee, to furnish to members, if the convention prefer, a quarto 
edition of the reports, which may be conveniently bound, provided the 
number of ten copies to each member be ordered. The charge to be for 


78 


reporting and composition, as the committee propose, $7 50 per column 
ol the National Intelligencer or Union, and $2 00 per 100 sheets. r i he 
quarto numbers would be issued as fast as the matter reported would fill 
them. My expectation is / in conjunction with the proprietors of the other 
paper that may be selected, to employ a corps of the best stenographic 
or phonograhic reporters, capable of reporting accurately all that may 
be said by the most rapid speaker. 

Very respect’y, &c., 

WILLIAM C. CARRINGTON. 

The President also laid before the Convention a communication from Mr. 
William Culley, which was read as follows : 

Richmond, Nov. 4, 1850. 

To the Hon. the President and Members of the Convention of the state 

of Virginia. 

The undersigned observes in the proceedings of your honorable body of 
the 2d inst. a proposal from Messrs. Colin, Baptist and Nowlan*, to print 
a Conventional Register, to contain the proceedings and debates of your 
honorable body; and that those gentlemen offer to print it for the price 
proposed to be paid by a committee of the Convention to two daily papers, 
for reporting and publishing the same in their columns. 

The undersigned would respectfully remind your honourable body, that 
a resolution passed the Convention on the 16th ult. to appoint a committee 
of five members, “whose duty , 55 to use the w 7 ords of the resolution, “shall be 
to receive proposals for executing all such public printing as shall be or¬ 
dered by the Convention, and to contract for the same on the most benefi¬ 
cial terms for the commonwealth in their power : provided, that such print¬ 
ing be let to the lowest bidder , who will give bond and good security, 
payable to the commonwealth of Virginia, for the proper execution of the 
same, in a style equal to that now done for the General Assembly of Vir- 
ffima. 

In accordance with this resolution, a committee was appointed, of which 
the Hon. Air. Ferguson was chairman, and bids were received by the said 
committee for the execution of “ all such public printing as shall be ordered 
by the Convention.” Among the bidders were Messrs. Colin, Baptist and 
Nowlan, and the undersigned. The bid of the undersigned was accepted 
by the committee, as the most “beneficial” for the commonwealth 5 and 
the undersigned gave bond and security, to the amount of five thousand 
dollars, for the faithful execution of the work, which were also accepted by 
the committee. The report of the committee was presented to the Con¬ 
vention on the 24th ult., and adopted by your honorable body. 

The undersigned would respectfully represent that as soon as he was ap¬ 
prized of the adoption of the report of the committee by the Convention, 
he sent a telegraphic dispatch to one of the nearest type foundries for new 
type, in order to enable him to execute the work in a manner creditable to 
the state and to himself, according to the terms of the resolution passed by 
your honorable body; that after as little delay as possible, the type ar¬ 
rived in this city, by express, on Saturday evening last; and that he is now 
prepared to execute all such public printing as shall be ordered by the Con¬ 
The undersigned would further represent, that in his calculations for the 


79 


printing, the idea of a journal of the proceedings and debates of the Con¬ 
vention was fully entertained ; and that he will print the same, either upon 
the terms offered by himself in his contract, or at ten per cent, less (includ¬ 
ing the reporting) than those offered by Messrs. Colin, Baptist and 
N owl an—either in a quarto form, like the Congressional Globe, or in an 
octavo form, like the journal of the Convention , as your honorable body 
may determine. If the latter terms should be preferred, he will furnish 
each member with fifty copies, and strike off an addition of at least 7,000. 

Yery respectfully submitted. 

WILLIAM CULLEY. 

On motion of Mr. McCamant, 

Ordered , that the two communications just read be laid upon the table 
and printed. 

Mr. Martin, of Marshall, proposed the following resolution : 

Resolved , That the superintendent of the penitentiary be requested to 
furnish to this convention, at its next meeting, a statement of thenu nber 
of convicts now in the penitentiary, designating the number who can 
read and write from those who cannot ; also the number of those who have 
not the benefit of a primary education, as well as those who have the 
benefit of a liberal education. 

And the question being upon the adoption of the said resolution, it was 
decided in the negative. 

Mr. Ferguson proposed the following resolution : 

Resolved . That the committee on the legislative department enquire 
into the expediency of removing the seat of government to the city of 
Norfolk. 

On motion of Mr. Ferguson, the said resolution was laid upon me 
table. 

Mr. Ferguson moved that the said resolution be also printed, ad it 
was decided in the negative. 

On motion of Mr. C a rule, the convention agreed to take up and c m- 
sider the report of the committee to whom was referred the duty of pr ir- 
ing a plan of reporting the proceedings and debates of the convention. 

Mr. Careile moved to amend the report of the committee, by str k ig 
therefrom the word “paper,” in the fourth line, and inserting in lieu t ■ e- 
of the following: “daily paper, or thirty copies of the semi-weekly, as ny 
be preferred by each member respectively;” so that it would read, “tim n 
copies of each daily paper, or thirty copies of the semi-weekly, as m lie 
prefer] ed by each member respectively, be furnished,” &c. 

Mr. Cocock submitted the following resolution : 

Resolved , That the Secretary of the convention be authorized to n- 
ploy, by a contract to be approved by the President of the cunventimq 
and at a compensation not exceeding dollars per week, » re¬ 

porter, whose duty it shall be to cause to be made out daily, and fur¬ 
nished to the printer for the convention, accurate reports of the deh ues 
ofthe convention; and that the printer cause to be struck off, in unifwm 
size with the journal, copies thereof; of which copies snail 

be furnished to each member as printed, and one additional bound o<> y 
furnished to each member with his journal; the residue to be deposit 'd 
with the secretary ofthe commonwealth, subject to the disposal <>i the 
Legislature. 

O 


80 


On motion of Mr. Bocock, the convention agreed to fill the first blank 
in the resolution with 250, and the second blank with 5,000. 

Mr. Ferguson proposed the following amendment: 

Resolved , That this convention accepts the proposition of John J. 
Palmer, and Colin, Baptist and Nowlan, for reporting, publishing and 
distributing the proceedings and debates of this convention in a daily pa¬ 
per of quarto form, on the plan of the Congressional Globe at Washington; 
seven thousand copies of each paper to be published and devoted exclu¬ 
sively to the said debates and proceedings, and fifty copies of each paper 
to be furnished to each member of the convention, to be folded, direct¬ 
ed, enveloped and mailed by the publishers, according to such instruc¬ 
tions as each member of the convention may give ; the cost not to ex¬ 
ceed the sum proposed to be paid by the report of a committee of this 
convention for the execution of the same duties, by two daily newspa¬ 
pers of the city of Richmond ; the convention reserving the right to an¬ 
nul the contract, if the said reports be not satisfactorily prepared, and 
the papers printed and mailed in a satisfactory manner. 

Mr. Woolfolk moved that the convention do adjourn, and it was 
decided in the negative. 

Mr. Scot r, of Fauquier, proposed the following amendment to the 
amendment just offered : 

Resolved , That the clerk of this convention, under the direction of 
the Pi •esident, contract with some competent and responsible reporter, 
to furnish full reports of the proceedings and debates of this convention ; 
reserving to the convention the right, at any time, to annul said con¬ 
tract in case the reporting shall not be satisfactorily performed, arid 
requiring such reporter to afford facilities to editors of newspapers in the 
city of Richmond for copying the reports ; and further, to receive pro¬ 
posals from the publishers for the furnishing of extra numbers of the 
newspapers to members of the convention. 

Mr. Hopkins, of Washington, moved to lay the report and amend¬ 
ments upon the table ; and the motion being put to the convention, was 
decided in the negative. 

Mr. Claiborne moved that the report and the amendments be indefi¬ 
nitely postponed ; and upon this motion, Mr. Cox demanded the previ¬ 
ous question, which was sustained ; and the convention agreed to post¬ 
pone the report and amendments indefinitely—ayes 55, noes 54. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Arthur, Banks, Barbour, Bocock, Bolts, 
Bowles, Braxton, Burgess, Dale Carter, John A. Carter, Claiborne, Cox, 
Douglass, Edwards, Faulkner, Ferguson, Flood, Floyd, Fulkerson, Fultz, 
Fuqua, M. R. H. Garnett, Goode, Hall, Hays, Hill, Hoge, G. W. Hop¬ 
kins, Hunter, Janney, Jones, Kilgore, Lucas, McCamant, McCandlish, 
McComas, Miller, Moncure, Morris, Petty, Samuels, Saunders, Robert E. 
Scott, Sloan, Benjamin H. Smith, James Smith, Josepih Smith. Stanard, 
Stephenson, Strother, Tate, Turnbull, Woolfolk, Worsham—55. 

Nays —Messrs. Mason, (Pres’t.) Armstrong, Bland, Blue, Bowden, 
Brown, Byrd, Camden, Carlile, Chapman, Chilton, Cocke, Davis, Deneale, 
Finney, Fisher, Gaily, Garland, Muscoe (Garnett, Henry L. Hopkins, Ja¬ 
cob, Johnson, Knote, Leake, Letcher, Ligon, Lionberger, Lyons, Jefferson 
T. Martin, William Martin, Meredith, Moore, Murphy,' Neeson, Price, 


81 


Purkins, Randolph, Scoggin, Robert G. Scott, Seymour, Shell, Arthur R. 
Smith, William Smith, Snodgrass, Stewart, Summers, Tunis, Van Winkle, 
Wallace, Samuel Watts, White, Whittle, Ira Williams, Wise—54. 

Mr. Bocock submitted the following resolution: 

Resolved , That the Secretary of the Convention be authorized be em- 
ploy, by a contract to be approved by the President of the Convention, 
and at a compensation not exceeding dollars per week, a reporter, 
whose duty it shall be to cause to be made out daily, and furnished to the 
printer for the Convention, accurate reports of the debates of the Conven¬ 
tion ; and that the printer cause to be struck off, in uniform size with the 
journal, copies thereof; of wnich copies shall be furnished to each 
member as printed, and one additional bound copy be furnished to each 
member with his journal; the residue to be deposited with the Secretary 
of the Commonwealth, subject to the disposal of the Legislature. 

On motion of Mr. Bocock, the Convention agreed to fill the first blank 
in the resolution with 250, and the second blank with 5,000. 

Mr. F erguson proposed the following amendment: 

Resolved , That this Convention accepts the proposition of John J. Pal¬ 
mer and Colin, Baptist and Nowlan for reporting, publishing and distribu¬ 
ting the proceedings and debates of this Convention in a daily paper of 
quarto form, on the plan of the Congressional Globe, at Washington; sev¬ 
en thousand copies of each paper to be published and devoted exclusively 
to the said debates and proceedings, and fifty copies of each paper to be 
furnished to each member of the Convention, to be folded, directed, envel¬ 
oped and mailed by the publishers, according to such instructions as each 
member of the Convention may give; the cost not to exceed the sum pro¬ 
posed to be paid by the report of a committee of this Convention for the 
execution of the same duties, by two daily newspapers of the city of Rich¬ 
mond ; the Convention reserving the right to annul thecontract if the said 
reports be not satisfactorily prepared, and the papers printed and mailed 
in a satisfactory manner. 

Mr. Woolfolk moved that the Convention do adjourn, and it was de¬ 
cided in the negative. 

Mr. Scott, of Fauquier, proposed the following amendment to the 
amendment just offered : 

Resolved , That the Clerk of this Convention, under the direction of the 
President, contract with some competent and responsible reporter, to fur¬ 
nish full reports of the proceedings and debates of this Convention, reser¬ 
ving to the Convention the right, at any time, to annul said contract in case 
the reporting shall not be satisfactorily performed, and requiring such re¬ 
porter to afford facilities to editors of newspapers in the city of Richmond, 
for copying the reports; and further, to receive proposals from the publish¬ 
ers of the journals of this city, for the publication of the said reports in 
their said journals. 

Mr. Claiborne moved that the resolution and amendments be laid upon 
the table, and the motion was decided in the negative—ayes 16, noes 95. 

On motion of Mr. Claiborne, the vote was recorded as follows: 

Ayes —Messrs. Banks, Barbour, Bowden, Byrd, Claiborne, Douglas, 
Fultz, Muscoe R. H. Garnett, Muscoe Garnett, Geo. W. Hopkins, Hun¬ 
ter, Leake, McCandlish, Morris, Saunders and Strother—16. 

Nays —Messrs. Mason. (Pres’t.) Anderson, Armstrong, Arthur, Bland, 

iT 




82 


Blue, Bocock, Botts, Bowles, Braxton, Brown, Burgess, Camden, Carlile r 
Dale Carter, John A. Carter, Chapman, Chilton, Cocke, Davis, Deneale, 
Edwards, Faulkner, Ferguson, Finney, Fisher, Flood, Floyd, Fulkerson, 
Fuqua, Gaily, Garland, Goode, Hall, Hays, Hill, Hoge, Henry L. Hop¬ 
kins, Jacob, Janney, Johnson, Jones, Kilgore, Knote, Letcher, Ligon, Li 
onberger, Lucas, Lyons, McCamant, McComas, Jefferson T. Martin, Wm- 
Martin, Meredith, Miller, Moncure, Moore, Murphy, Neeson, Newman, 
Petty, Price, Purkins, Randolph, Samuels, Seoggin, Robert E. Scott, Rob¬ 
ert G. Scott, Seymour, Shell, Sloan, Arthur R. Smith, Benj. H. Smith, 
James Smith, Joseph Smith, William Smith, Stanard, Stephenson, Stew¬ 
art, Stuart, Summers, Tate, Tunis, Turnbull, Van Winkle, Wallace, 
Samuel Watts, William Watts, White, Whittle, Willey, Ira Williams, 
Wingfield, Wise and Worsham—95. 

Mr. M. R. H. Garnett moved that the Convention do now adjourn, 
and the question being put to the Convention, was decided in the negative. 

The question being upon the adoption of the amendment proposed by 
Mr. Scott, of Fauquier, 

Mr. Carlile demanded that the main question be now put, and it was 
sustained—ayes 66, noes 34. 

On motion of Mr. Claiborne, the vote was recorded, as follows: 

Ayes —Messrs. Anderson, Arthur, Banks, Bland, Bocock, Botts, Bowles, 
Braxton, Burgess, Carlile, D. Carter, Chambers, Chapman, Chilton, Cocke, 
Davis, Edwards, Faulkner, Finney, Flood, Fulkerson, Fultz, Garland, Hall, 
Hays, Hill, Hoge, Henry L. Hopkins, Hunter, Jacob, Janney, Johnson, 
Jones, Kilgore, Knote, Leake, Ligon, Lucas, McCamant, McCandlish, 
William Martin, Meredith, Moncure, Moore, Purkins, Randolph, Samuels, 
Seoggin, Robert E. Scott, Seymour, Shell, Benjamin H. Smith, Jas. Smith, 
William Smith, Snodgras:, Stephenson, Stuart, Turnbull, Yan Winkle, 
Wallace, William Watts, Willey, Ira Williams, Wise, Woolfolk and Wor¬ 
sham—66. 

Nays —Messrs. Mason, (Pres’t.) Armstrong, Barbour, Blue, Byrd, Cam¬ 
den, John A. Carter, Claiborne, Deneale, Douglas, Ferguson. Fisher, 
Floyd, Gaily, M. R. H. Garnett, M. Garnett, Goode, G. W. Hopkins, Letch¬ 
er, Lyons, McComas, Jefferson T. Martin, Morris, Murphy, Neeson, Rob¬ 
ert G. Scott, Sloan, Jos. Smith, Stanard, Stewart, Strother, Tate, White 
and Whittle—34. 

The question then recurred upon the amendment proposed by Mr. Scott, 
of Fauquier, and it was adopted—ayes 76, noes 26. 

On motion of Mr. Byrd, the vote was recorded, as follows: 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Arthur, Banks, 
Bland, Blue, Bocock, Botts, Bowles, Burgess, Camden, Carlile, J. A. Carter, 
Chambers, Chapman, Chilton, Cocke. Davis, Edwards, Faulkner, Fisher, 
Flood, Garland, Goode, Hall, Hays, Hill, Hoge, Henry L. Hopkins, Hun¬ 
ter, Jacob, Janney, Jones, Knote, Leake, Ligon, Lyons, McCamant, 
McCandlish, Jefferson T. Martin, William Martin, Meredith, Moncure, 
Moore, Neeson, Price, Purkins, Randolph, Samuels, Seoggin, Robert E. 
^cott, Robert G. Scott, Shell, Benjamin H. Smith, James Smith, Joseph 
Smith, William Smith, Snodgrass, Stanard, Strother, Stuart, Summers, 
Turnbull, Van Winkle, Wallace, Samuel Watts, William Watts, White, 

Whittle, Willey, Ira Williams, Wingfield, Wise, Woolfolk and Wor¬ 
sham—76. 


83 


Nays —Messrs. Barbour, Byrd, Dale Carter, Claiborne, Deneale, Douglas, 
Ferguson, Finney, Fulkerson, Fultz, Gaily, M. R. H. Garnett, Muscoe 
Garnett, George W. Hopkins, Johnson, Kilgore, Letcher, Lucas, McCo- 
anas, Morris, Murphy, Seymour, Sloan, Stephenson, Stewart and Tate—26. 

The question then was upon the amendment as amended; and upon this 
question, 

Mr. Carlile demanded the main question, and it was ordered; and the 
Convention agreed to the amendment. 

The question recurring upon the resolution as amended, 

Mr. Carlile demanded the previous question, which was sustained, and 
the Convention agreed to the resolution as amended—ayes 77, noes 20. 

On motion of Mr. Ferguson, the vote was recorded, as follows: 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Arthur, Bland, 
Blue, Bocock, Botts, Bowles, Braxton, Camden, Caperton, Carlile, Dale 
Carter, John A. Carter, Chambers, Chapman, Chilton, Cocke, Davis, 
Douglas, Edwards, Faulkner, Fisher, Fulkerson, Gaily, Garland, Goode, 
Hall, Hays, Hill, Hoge, Jacob, Janney, Johnson, Jones, Kilgore, Knote, 
Ligon, Lionberger, Lucas, Lyons, McCandlish, McComas, Jefferson T. 
Martin, William Martin, Meredith, Moore, Neeson, Price, Purkins, Ran¬ 
dolph, Samuels, Scoggin, Robert F. Scott, Robert G. Scott, Shell, Sloan, 
Arthur R. Smith, Benjamin H. Smith, James Smith, Joseph Smith, Wil¬ 
liam Smith, Stanard, Stuart, Summers, Turnbull, Van Winkle, Wallace, 
Samuel Watts, William Watts, White, Whittle, Willey, Ira Williams, 
Wise and Worsham—77, 

Nays —Messrs. Banks, Barbour, Byrd, Claiborne, Deneale, Ferguson, 
Finney, Floyd, Muscoe R. H. Garnett, Muscoe Garnett, George W. Hop¬ 
kins, Leake, Letcber, Moncure, Morris, Seymour, Stephenson, Stewart, 
Tate and Wingfield—20. 

On motion of Mr. Fultz, 

Resolved That the Legislative committee be instructed to enquire 
into the expediency, 

First, Of prohibiting, by the amended constitution, the passage of 
any law unless by the assent of a majority of all the members elected 
to each branch of the Legislature. 

Second, Of providing that the credit of the commonwealth shall not 
be given or loaned by guarantee or otherwise, in aid of any person, as¬ 
sociation or corporation. 

The President announced the following committee on western 
land titles, under a resolution adopted on Saturday last : 

Messrs. Wise, Samuels, Ferguson, Benjamin H. Smith, Randolph, 
Me. Candlish, 

Mr. Braxton, from the committee on the compensation of (he offi¬ 
cers of the Convention, made the following report, which was agreed 
to by the convention: 

Resolved , That the clerk of each of the standing committees of the 
convention, who may be employed, shall he allowed four dollars per day 
for each day that he may be in actual attendance upon his committee. 

On motion of Mr. Letcher, the Convention adopted the following 
resolution: . / 

Resolved , That the sum of eighty-eight dollars and severffy-six cents, 
be paid to Colin, Baptist, and Nowlan, for printing executed for the con¬ 
vention, before the contract for printing was entered into. 


84 


Mr. Fulkerson proposed the following resolution, which was or¬ 
dered to lie upon the table : 

Resolved , That on the re assembling of this Convention on the first 
Monday in January next, the members shall select their seats by bal¬ 
lot; and that the clerk be required to number the seats, and prepare tick¬ 
ets corresponding in number with the seats ; and that each member shall 
draw a ticket, and take the seat corresponding with the number on his 
ticket. 

On motion of Mr. Dale Carter, the convention then adjourned. 


Monday, January 8th, 1851, 

The Convention met pursuant to the adjournment on the 4th day of 
November last, and a quorum appearing, the President submitted a com¬ 
munication from George W. Hopkins, Esq., which was read as follows : 

House of Delegates, Dec. 3rd, 1850. 
Hon. John Y. Mason, President of the Convention: 

Sir —Having been chosen Speaker of the House of Delegates of Vir¬ 
ginia, I beg leave to resign the seat which I have occupied in the Virginia 
State Convention. 

I am, sir, very respectfully, your obedient servant, 

GEORGE W. HOPKINS. 

The President also laid before the Convention a communication from 
Green B. Samuels, Esq., which was read as follows: 

Woodstock, December 10th, 1850. 

Sir —I am informed, by private advices from Richmond, that the Gen¬ 
eral Assembly of Virginia have elected me to the Judgeship of the four¬ 
teenth judicial circuit—an office which I have determined to accept. Re¬ 
garding the office to which I am; just elected as incompatible with that 
which I have held as delegate in the Convention, I deem it proper to re 
sign my place as delegate, which I now do. 

Allow me to express the hope that the deliberations of the body over 
which you preside may result in the preservation of harmony and good 
feeling between all portions of the Commonwealth; a state of things at 
all times to be desired, but indispensable to our safety in the time of trouble 
and danger, which, I fear, we must pass through. 

Respectfully, your most obedient servant, 

GREEN B. SAMUELS. 

Hon. John Y. Mason, Pres’t. of the Va. Convention. 

The two communications were ordered to be laid upon the table. 

The President announced that in conformity with law, he had issued 
writs of election to supplyUhe vacancies produced by the resignations 
aforesaid; and Connally F. Trigg, Esq., appeared and took his seat, hav¬ 
ing been chosen to filljdie vacancy occasioned by the resignation of Geo. 
W. Hopkins, Esq. 

The President submitted the following communications, which, on mo¬ 
tion of Mr. Muscoe Garnett, were ordered to be laid upon the table: 

Norfolk, 10th December, 1850. 

Sir —I have the honor herewith to transmit a copy of resolutions, unan¬ 
imously adopted by the Councils of this city, with the request that you will. 



85 


at your earliest convenience, (after its re-assembling,) present them to the 
Convention over which you preside. 

Respectfully, your obedient servant, 

JOHN G. H. HATTON, 
President of the Select Councils 
The Hon. John Y. Mason, Pres’t. of the Ya. Convention. 


i( City of Norfolk, to wit: 

At a meeting of the Select and Common Councils of the city of Nor¬ 
folk, on the 12th of December, 1850: 

On motion of Mr. Bowden, the following preamble and resolutions were 
unanimously adopted, viz: 

Whereas the citizens of Norfolk would be much gratified if the Con¬ 
vention of Virginia, which adjourned to meet in Richmond on the first 
Monday in January next, would select this city for the discharge of its im¬ 
portant duties ; and the Councils of the said city, representing the feelings 
and wishes of their constituents upon this subject, do most respectfully and 
cordially tender to the Convention an invitation to assemble here at such 
time as may suit its convenience, with the assurance that every desirable 
arrangement shall be made for its accommodation. 

Therefore, be it Resolved, That the City Hall be, and it is hereby of¬ 
fered to the Convention of Virginia, as a suitable place for its deliberation 
and action; and that the Councils of the city will afford every facility in 
their power during its session, and the citizens generally will be proud 
to contribute to the pleasure and recreation of the members individually. 

Resolved , That the Presidents of the Select and Common Councils for¬ 
ward a copy of these resolutions to the Hon. John Y. Mason, with the re¬ 
quest that he will lay the same before the distinguished body over which 
he presides. 

A copy—Teste: JOSEPH H. ROBERTSON, 

Register City of Norfolk.” 

Corporation of Alexandria : 

In Council, December 27th, 1850. 

Resolved , That the President of the Council, in behalf of this corpora¬ 
tion, invite the Convention to revise the constitution of the State, to hold 
their sessions in the town of Alexandria; and that the most ample accom¬ 
modations be provided for them, in case this invitation be accepted. 

Teste ’ 

R. JOHNSTON, C. C. 

Alexandria, Dec. 31st, 1850. 

Hon. John Y. Mason, President of the Convention to revise the Consti¬ 
tution of the State: 

Sir —Prefixed you will find an attested copy of a^ resolution passed 
unanimously by our town council on the 27th inst. I have only to add, 
that if it shall please the Convention to accept the invitation, a spacious 
hall can be furnished, capable of seating a thousand persons; and I shall 
have great pleasure in aiding to carry out the spirit of the resolution. 

With great respect, your most obedient servant, 

ROBT. JAMIESON, Pres’t. C. C. 


86 


Mr Tate, from the special committee charged with “ providing a place 
and accommodations for the Convention, 1 ” presented the following report 
of a select committee of the House of Delegates to that body: 

The special committee to take into consideration the propriety of pro¬ 
viding accommodations fcr the Convention, have had the same under con¬ 
sideration, and beg leave to report, That the Committee appointed by the 
Convention for the purpose of obtaining a hall for its sessions w hen it re¬ 
assembles, having announced that fitting accommodations cannot otherwise 
be obtained, your committee, with entire disposition to afford the Conven¬ 
tion every facility for the convenient and expeditious dispatch of the im¬ 
portant duties which devolve on that body, conceiving the discharge of the 
duties incumbent on the Legislature without interruption or delay to be 
paramount to other considerations, feel constrained only to advise the of¬ 
fer of the hall of the House of Delegates to the Convention, with the 
limitations set forth in the following resolution, which they respectfully 
recommend for adoption: 

Resolved , That the use of the hall of the House of Delegates be ten¬ 
dered to the Convention of Virginia when it re-assembles on Monday, the 
6th day of January next, from 12 to 1 o’clock, and thereafter the daily 
use from 4 o’clock, P. M., until the meeting of the House of Delegates on 
the succeeding day. 

On motion of Mr. Muscoe Garnett, the said report was laid upon the 
table. 

Mr. Muscoe Garnett proposed the following resolution: 

Resolved , That a committee of five be appointed, whose duty it shall 
be to procure a suitable building or room in which the Convention may 
hold its sittings, and that they have the necessary accommodations pre¬ 
pared therein as speedily as practicable, and make report thereof. 

Mr. Claiborne moved to amend the resolution by inserting after the 
word “ room ” the words u in the city of Richmond.” 

Mr. Johnson moved to amend the amendment by adding thereto the 
words “ or elsewhere,” so that the resolution would read, “ Resolved , That 
a committee of five be appointed, whose duty it shall be to procure a suit¬ 
able building or room in the city of Richmond or elsewhere,” &c., and be¬ 
ing submitted to the Convention, it was adopted. 

Mr. Ferguson moved that the resolution and amendments be laid upon 
the table, and it was decided in the negative. The amendment as amended 
was then adopted by the Convention. 

Mr. Scott, of Fauquier, proposed the following amendment as a substi¬ 
tute for the resolution as amended : 

Resolved , That a committee of five be appointed to make application to 
the General Assembly to have a suitable hall fitted up for the accommo¬ 
dation of this body. 

Mr. Ferguson moved to lay^the resolution and amendments on the ta¬ 
ble, and it was decided in the negative. 

Mr. Edwards moved that the Convention do adjourn, and it was rejected. 

On motion of Mr. Scott, of Fauquier, the Convention agreed to take a 
recess until 4 o’clock this afternoon. 

4 o’clock, P. M. 

The President presented a communication from the Secrerary of the 
Convention, which was read as follows : 


87 


Richmond, January 6, 1851. 

Hon. John Y. Mason, 

^ Sir :—By a resolution of the Convention adopted on the fourth day of 
November last, I was required, under the direction of the President, to 
contract with some competent and responsible Reporter, to furnish full re¬ 
ports of the proceedings and debates of the Convention. I have accord¬ 
ingly entered into a contract with Mr. William G. Bishop, and herewith 
transmit the contract and the bond for its faithful execution. I was also 
required by the same resolution to receive proposals from the conductors of 
the different newspapers in the city of Richmond for publishing the pro¬ 
ceedings and debates of the Convention, and enclose herein the proposals 
which have been made to me. 

Very respectfully, your obedient servant, 

S. D. WHITTLE. 

This agreement, entered into by William G. Bishop, of the first part, 
and S. D. Whittle, Clerk of the Convention of Virginia, held under the 
authority of an act of the Assembly of Virginia, passed the day of 

, 1850, the said S. D. Whittle acting for and in behalf of the said 
Convention, and by authority of a resolution of the said Convention, in 
the words following, viz: “ Resolved , That the Clerk of this Convention, 
under the diiection of the President, contract with some competent and re¬ 
sponsible reporter to furnish full reports of the proceedings and debates of 
this Convention, reserving to the Convention the right at any time to an¬ 
nul said contract in case the reporting shall not be satisfactorily performed, 
and requiring such reporter to afford facilities to editors of newspapers in 
the city of Richmond for copying the reports,’’ of the second part—wit¬ 
nessed that the said S. D. Whittle has, under the authority of the said res¬ 
olution, and under the direction of John Y. Mason, President of the said 
Convention, entered into a contract with William G. Bishop, as follows : 

The said William G. Bishop on his part undertakes and agrees by him¬ 
self and such assistants as he may furnish, to report fully and accurately 
all the proceedings and debates of the Convention from the first Monday 
in January next to the close of the Convention; to deliver the reports of 
each day’s proceedings to the Secretary of the Convention within a rea¬ 
sonable time, and also to afford to the editors of the newspapers in the 
city of Richmond such facilities for copying the reports as the said Secre¬ 
tary may direct. On the part of the Convention, the said S. D. Whittle 
stipulates, that the Commonwealth of Virginia shall pay the said William 
G. Bishop weekly, if required by him, for the reports, at the rate of five 
dollars per column, each column to be equal to one column brevier type of 
the National Intelligencer, published in the city of Washington; but the 
entire compensation paid is not to exceed $250 per week for each week of 
the session of the Convention ; and if, in any one week, the amount due 
for reporting at $ 5 00 per column exceeds $ 250, the surplus shall remain 
in the treasury until the reporting is completed, or this contract terminated, 
when so much thereof shall be paid the said William G. Bishop as may be 
necessary to raise the aggregate sum paid him to $250 per week ; but in 
no event is a higher sum than $ 250 per week to be paid the said William 
G. Bishop. It is further agreed by and between the parties hereunto, that 
the Convention may, at any time, terminate this contract, in case the re¬ 
porting shall not be satisfactorily performed. The said William G. Bishop 


88 


also agrees to give bond and security in the penalty of one thousand dol¬ 
lars for the performance of this contract on his part. 

In testimony whereof the parties hereunto have set their hands this sev¬ 
enth day of November, 1850. 

WM. G. BISHOP, 

S. D. WHITTLE. 

Know all men by these Presents : That we, William G. Bishop, 
Benjamin P. Worcester, and Lewis L. Barnes, are held and firmly bound 
to the Commonwealth of Virginia in the sum of one thousand dollars, 
for the true payment whereof we bind ourselves, our heirs, &c. Witness, 
our hands and seals, this seventh day of November, 1850. 

The condition of the above obligation is such, that whereas the above 
bound William G. Bishop hath entered into a contract with S. D. Whittle, 
Clerk of the Convention of Virginia, and acting under the authority of 
the said Convention, to report the proceedings and debates of the said Con¬ 
vention: Now, if the said William G. Bishop shall faithfully comply 
with his said contract, then this obligation shall be void, else to remain in 
full force and effect. 

WILLIAM G. BISHOP, [Seal.] 
BENJ. P. WORCESTER, [Sea/.] 
LEWIS L. BARNES, [Seal.] 

Richmond, January 6th, 1851. 

To the Secretary of the Virginia Reform Convention : 

Sir —In response to your invitation to the editors of the several politi¬ 
cal papers of Richmond, to hand in proposals for publishing the debates 
and proceedings of the State Convention, to re-assemble this day, I here¬ 
with hand you, with a concurrence of my cotemporaries, a proposition to 
spread before the subscribers of our respective journals, the full debates and 
proceedings of the Convention as reported and written out by the official 
reporter. 

The terms upon which I propose to publish these debates, &c., have 
been estimated so as to cover all incidental expenses which may be incur¬ 
red by the different parties, in mailing and distributing the supplemental 
sheets to their subscribers. 

Very respectfully, RO. H. GALLAHER. 

The subscriber, with the concurrence of his cotemporaries of the En¬ 
quirer, Whig, Examiner, Times, and Republican Advocate, hereby agrees 
to publish in a supplemental sheet, to be laid before the subscribers of all 
of our papers, the proceedings and debates of the Virginia Reform Con¬ 
vention, upon the following terms, to wit: Composition at the rate of six¬ 
ty-five cents per thousand, press-work at sixty-five cents per token, and 
paper at an average cost of four dollars and sixty cents per ream. The 
sizes of the paper used to be of the same dimensions of the Whig and Re¬ 
publican Advocate respectively. 

Should this proposition be accepted, the estimated cost to the State for 
a session of ten weeks, with three columns of matter per day as an ave¬ 
rage, is five thousand six hundred and ninety-nine dollars. Extra copies 
of the supplement which may be ordered by the Convention, will be fur- 


89 


siished at the rate of two dollars per hundred copies, including all expen¬ 
ses for mailing, &c. 

Respectfully submitted. RO. H. GALLAHER. 

We concur in the above proposal. 

Wm. F. & Thos. Ritchie, Jr., 
DeWitt & Daniel, 

Daniel Woodson, 

Heath, Elliott, Scott & Co., 
Wm. C. Carrington. 

Mr. Scott, of Richmond city, moved that the communication and ac¬ 
companying documents be referred to the special committee on reporting 
the proceedings of the Convention, and it was decided in the negative. 

On motion of Mr. Carlile, the communication and the papers accom¬ 
panying it were laid upon the table and ordered to be printed. The amend¬ 
ment offered by Mr. Scott, of Fauquier, being under consideration, 

Mr. Muscoe Garnett proposed the following amendment, which was 
adopted: 

Resolved , That a committee of five members be appointed by the chair, 
whose duty it shall be to enquire and report to the Convention upon the 
practicability of procuring, in the city of Richmond or elsewhere, a suita¬ 
ble place for holding the sessions of this body until the adjournment of the 
General Assembly. 

Mr. Moncure moved indefinitely to postpone the resolution and amend¬ 
ments, and the motion was decided in the negative—ayes 8, noes 89. 

On motion of Mr. Muscoe Garnett, the vote was recorded, as follows : 

Ayes —Messrs. Banks, Braxton, Cocke, Douglas, Hays, Moncure, Pen¬ 
dleton and Whittle.—8. 

JVays —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Arthur, Barbour, 
Bland, Blue, Bocock, Botts, Bowden, Bowles, Brown, Byrd, Camden, Ca- 
perton, Carlile, Chapman, Cook. Davis, Deneale, Edwards, Faulkner, Fer¬ 
guson, Fisher, Flood, Floyd, Fulkerson, Fuqua, Gaily, Garland, M. Garnett, 
Goode, Hall, Hill, Hoge, Hopkins, Hunter, Jacob, Janney, Johnson, 
Jones, Kenney, Kilgore, Knote, Leake, Letcher, Ligon, Lucas, Lynch, 
Lyons, McCamant, McComas, Jefferson T. Martin, William Martin, 
Meredith, Miller, Moore, Neeson, Newman, Price, Rives, Francis W. 
Scott, Robert E. Scott, Robert G. Scott, Seymour, Shell, Sheffey, Sloan, 
Benjamin H. Smith, James Smith, Joseph Smith, William Smith, Stanard, 
Stephenson, Stewart, Straughan, Stuart, Summers, Tate, Turnbull, Trigg, 
Van Wiukle, Wallace, Willey, Ira Williams, Wingfield, Woolfolk, Wor¬ 
sham and Wysor—89. 

The amendment as amended was then adopted, and the resolution as 
amended being put to the Convention, was decided in the affirmative. 

On motion of Mr. Ferguson, 

Resolved , That when the Convention adjourn, it adjourn to meet in this 
hall to-morrow morning at 10 o’clock. 

The President announced the following committee under the resolution 
of Mr. Muscoe Garnett: 

Messrs. Muscoe Garnett, Claiborne, Lyons, Leake and Ferguson. 

Mr. Martin, of Marshall, presented a communication from John W. 
Hines, which was read as follows: 

12 




90 


Richmond, January 2nd, 1851- 

Gentlemen: 

We are willing to rent the Universalist church, on Mayo street, for the 1 
use of the Convention, upon such terms as you may deem liberal, allowing 
you to make such alterations and changes as you may desire for the conve¬ 
nience of the Convention. 

JOHN W. HINES, 

For the Committee. 

On motion of Mr. Martin, of Marshall, the communication, and alsa 
those from Norfolk and Alexandria, were referred to the committee to pro¬ 
vide a place for holding th^ sessions of the Convention, &c. 

On motion of Mr. Hopkins, the rules and regulations of the Convention 
were ordered to be printed for the use of the members. 

On motion of Mr. Summers, the President was authorized to fill the 
vacancies on the committees occasioned by the resignation of Messrs. Geo- 
W. Hopkins and G. B. Samuels. 

On motion of Mr. Straughan, the Convention adjourned. 


Tuesday, January 7th, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

The President, under the resolution of yesterday, announced that he 
had appointed Messrs. Seymour and Floyd to fill the vacancies in the com¬ 
mittee on the basis of representation occasioned by the resignations of Geo. 
W. Hopkins and Green B. Samuels, Esqs. 

The President presented a communication from Andrew Kevan, Esq., 
Mayor of the city of Petersburg, which was read as follows r 

“ I am authorized by an unanimous vote of the Common Council of 
Petersburg to invite the Convention to hold its session here. We have 
first-rate accommodations to offer them. 

ANDREW KEVAN. . 

On motion of Mr. Wallace, the communication just read was referred 
to the committee to provide accommodations for the Convention. 

The President submitted a communication from William Culley, Esq., 
which was read as follows : 

Richmond, January 6th, 1851. 
Hon. John Y. Mason, President of the Convention: 

Sir —The Convention having authorized the appointment of a Stenog¬ 
rapher to report the Debates, I respectfully propose to print the same in an 
octavo form. 

I will print daily, if required, 5000 copies of a Journal of Debates, con¬ 
taining as much matter as is comprised in eight close columns of the Wash¬ 
ington Union or National Intelligencer, for the sum of sixty-five dollars, 
and mail 2500 copies per day to such persons in every part of the State, 
as the delegates to the Convention may designate, without additional 
charge. I will bind the remaining 2500 copies at the close of the session 
of the Convention, for twelve hundred and fifty dollars. If a greater 
number of copies should be ordered, I will charge in the same proportion 
for the additional copies. The whole cost of printing 5000 copies, and 



91 


^binding 2500 copies of the debates of the entire session, if it does not last 
longer than fifteen weeks, will not exceed $7,165, provided the debates do 
not average daily more than is comprised in eight solid columns of the fine 
type of the llnion or Intelligencer. A larger sum than this will be brought 
to the treasury of the State if the 2500 bound volumes alone should be 
«oM at $3 per volume; and there can be no doubt that such a limited num¬ 
ber could be disposed of. 

I propose to print and bind the Debates in an octavo form because it will 
be better suited to libraries than any other form, and be uniform in size 
with the Journals of the Convention and the General Assembly ; the latter 
body having discarded the quarto form, on account of its unwieldly pro¬ 
portions. 

The plan I propose will enable the members of the Convention to spread 
before their constituents in every county of the State, from day to day , 
their views on all matters which may come before the Convention; and 
at the close of the session to furnish the debates in bound volumes and in 
.a durable form for the benefit of the present and future generations. This 
mode, I trust, will be considered better calculated to promote the ends of 
the Convention than to print the debates in the local newspapers of Rich¬ 
mond, which, however useful in their character as chroniclers of the news 
•of the day, are seldom preserved for future reference. It would avoid the 
'objection which is often urged against the policy of patronizing the news¬ 
papers of the metropolis, to the injury of the newspapers in all the towns 
and counties of the State, except Richmond. Besides, the newspapers of 
the metropolis frequently contain pointed , if not severe criticisms, upon the 
•expressed views of the members of the Convention ; and therefore the 
Debates would not go before the people free from bias and prejudice. They 
certainly would not be printed in a durable form, so that they could be ren¬ 
dered useful in enlightening the minds of posterity in the science of gov¬ 
ernment, and in supplying the places of the present with future statesmen. 

Yery respectfully submitted. 

WILLIAM CULLEY. 

On motion of Mr. Martin, of Marshall, the communication just read 
with that from Robert H. Gallaher, Esq. and others, presented on yester¬ 
day, was referred to the committee on reporting the proceedings of the 
Convention. 

Mr. Blue proposed the following resolution : 

Resolved , That the members of this Convention are not entitled to their 
per diem pay during the recess just taken. 

On motion of Mr. Sheffey, the said resolution was laid on the table. 

Mr. F ulkerson offered the following resolution: 

Whereas doubts exist in the minds of many as to the right of the 
members of this Convention to receive mileage for travelling from the 
capitol in the city of Richmond to their respective homes, and returning 
again to said capitol, during the recess or adjournment, it is therefore, by 
this Convention, 

Resolved , That the said question of mileage be and is hereby referred 
to the General Assembly for its special action thereon. 

Mr. Douglas proposed the following as an amendment: 

Resolved , That this Convention dissents from the Attorney General in 


92 


his opinion that members are entitled to mileage for going home and re¬ 
turning to this city, since the recess taken by this body. 

Mr. Claiborne moved that the resolution and amendment be indefinite¬ 
ly postponed. 

Mr. Carlile moved that the motion of Mr.. Claiborne, together with 
the resolution and amendment, be laid upon the table ; and the motion be¬ 
ing submitted to the Convention, was decided in the affirmative—ayes 70* 
noes 35. 

On motion of Mr. Stanard, the vote w r as recorded as*follows: 

A yes —Messrs. Mason, (Pres’t.) Armstrong, Arthur, Barbour, Botts* 
Bowden, Browm, Byrd, Camden, Caperton, Carlile, Claiborne, Conway* 
Deneale, Edw’ards, Ferguson, Finney, Fisher, Floyd, Fuqua, Gaily, Gar¬ 
land, Muscoe Garnett. Hall, Hill, Hoge, Hopkins, Jacob, Janney, John¬ 
son, Jones, Kenney, Knote, Letcher, Ligon, Lynch, McCamant,. McCo- 
mas, Jefferson T. Martin, William Martin, Meredith, Miller, Moncure* 
Neeson, Newman, Pendleton, Price, Francis W. Scott, Robert E. Scott,. 
Robert G. Scott, Seymour, Sheffey, Sloan, Joseph Smith, William Smith,, 
Snodgrass, Snowden, Stephenson, Stewart, Stuart, Tate, Taylor, Trigg,. 
Tunis, Van Winkle, Samuel Watts, Whittle, Willey, Ira Williams and 
Wysor—70. 

Nays —Messrs. 'Anderson, Banks, Bland, Blue, Bocock, Bowles, Brax¬ 
ton, Chapman, Cocke, Cook, Douglas, Faulkner, Flood, Fulkerson, Goode,. 
Hays, Hunter, Kilgore, Leake, Lucas, Lyons, McCandlish, Moore, Rives, 
Shell, Benjamin H. Smith, James Smith, Stanard, Straughan, Summers,. 
Turnbull, Wallace, Wingfield, Woolfolk and Worsham—35. 

On motion of Mr. Martin, of Marshall, 

Resolved , That Henry A. Wise, Esq., be added to the committee on 
education. 

Mr. Letcher presented a memorial of citizens of Rockbridge, asking 
that a provision may be inserted in the constitution, authorizing the legis¬ 
lature to provide by law for the removal of free negroes from the Com¬ 
monwealth of Virginia. 

Ordered, That the petition be referred to the committee on the legisla¬ 
tive department. 

Mr. Willey presented a petition from sundry citizens of the county of 
Monongalia, remonstrating against the introduction of the principle of pro¬ 
perty representation in the organic law of the Commonwealth, wffiich w T as 
ordered to be referred to the committee on the basis of representation and 
printed. 

On motion of Mr. Van Winkle, 

Resolved , That the committee on the legislative department enquire and 
report upon the expediency of requiring the General Assembly to provide, 
by a general law or laws, for the incorporation of any number of individu¬ 
als, not less than . , associated for mining, manufacturing, constructing 

works of internal improvement, banking, insuring, or other purposes, useful 
to the public, and having paid or secured to be paid a certain proportion of 
tutii capital stock, subject to such regulations, and giving such security, as 
may be deemed necessary or expedient to guard against ^abuses of the pri¬ 
vileges conferred or the injujy of the public, as may be prescribed by the 
said general law or law’s. J 

The President submitted a communication from R. H. Gallaher, Esq. 
which was read as follow’s: ^ ’ 


93 


Richmond, January 7th, 1851. 
Hon. John Y. Mason, President Convention : 

Sir —-Contemplating the publication of a Register of the Debates and 
Proceedings of the Virginia Reform Convention, in octavo form, for preser¬ 
vation, I hereby propose to furnish the Convention with any number of co¬ 
pies in a bound volume or volumes, at the end of the session, as your body 
may desire, for the use of its members, or for the Commonwealth; the price 
to be fixed by a committee appointed for that purpose. 

Very respectfully, 


R. H. GALLAHER. 

On motion of Mr. Martin, of Marshall, 

Ordered , That the communication just read be referred to the committee 
on reporting the proceedings of the Convention. 

On motion of Mr. Moncure, 

Resolved , That when the Convention adjourn to-day, it adjourn to meet 
to-morrow morning at ten o’clock, and so from day to day till otherwise or¬ 
dered. 

On motion of Mr. Jacob, the Convention adjourned. 


Wednesday, January 8th, 1851. 

The Convention met pursuant to adjournment; and after the reading of 
the journal, 

On motion of Mr. Hays, 

Resolved , That the committee on the legislative department of the gov¬ 
ernment enquire into the expediency of incorporating into the constitution 
a restriction against the process of ca sa, and to provide that if real estate 
should ever be made liable to execution, a homestead exemption to the 
amount of dollars shall be allowed. 

Mr. Muscoe Garnett, from the committee on providing accommoda¬ 
tions for the convention, submitted the following report: 

The committee on providing accommodations for the convention, have 
had the resolution of the convention, together with the several communica¬ 
tions to them referred, under consideration, and report as follows: That 
the thanks of the Convention are due, and should be respectfully tendered 
to the councils and citizens of Norfolk, Alexandria, and Petersburg, for their 
polite invitations to the Convention to hold its sessions in their towns, and 
for their courteous and generous offer to provide suitable accommodations, 
should either of their invitations be accepted ; and however tempting the 
“ pleasures and recreations” so kindly promised the “ members individu¬ 
ally, 5 ’ the committee are reluctantly constrained to advise that you de¬ 
cline these several invitations. Your committee have examined the buil¬ 
dings in the city of Richmond offered for the use of the Convention, viz : 
the Universalist Church and Lafayette Hall, and have no hesitation in re¬ 
commending to the Convention the acceptance of the former. Lafayette 
Hall is a room large enough for the accommodation of the Convention, but 
totally destitute of every convenience and comfort; would have to be fitted 
up entire, which would require considerable time, and an outlay of some 
two to three thousand dollars ; and it is very doubtful whether it could be 
then well used for the purpose designed, owing to the echo and reverbera¬ 
tion of every sound made in it. The Universalist Church is a substantial 
building, of ample dimensions for the convenient accommodation of the Con- 



94 


vention and a large number of spectators ; will require but few alterations 
in its present arrangement, to make it entirely comfortable and suitable for 
the use of the Convention. It has been offered on the most liberal terms, the 
proprietors being willing to accept such remuneration as to the Convention 
may seem fit and proper; and any permanent improvements or repairs 
which the Convention may make, your committee are authorized to say 
will be received very cheerfully as part of such remuneration. Your com¬ 
mittee are of opinion, from the information they have obtained, that the en¬ 
tire costs attendant upon the removal of the Convention to this church, in¬ 
cluding the rent of the building and fitting it up, will not exceed, if it reach, 
the sum of one thousand dollars, and it can be ready for the occupancy of 
the Convention in a few days. Your committee recommend the adoption 
of the following resolutions : 

Resolved , That the thanks of the Convention be, and they are hereby 
respectfully tendered to the councils and citizens of Norfolk, Alexandria 
and Petersburg, for their polite invitations to this body to hold its sessions 
in their towns, and for their courteous and generous offer of suitable accom¬ 
modations therefor; and that they be assured of the regret with which the 
Convention declines them all, and that the Secretary of the Convention 
forward to each of the said councils a copy of this resolution. 

Resolved , That the offer of the Universalist church, in the city of Rich¬ 
mond, be accepted; and that the Sergeant-at-Arms be, and he is hereby 
directed, (under the supervision and advisement of the committee,) to have 
the necessary alterations and improvements made in the said church for the 
accommodation and reception of the Convention as speedily as practicable. 

Mr. Scott, of Fauquier, moved to lay the report on the table, and the 
motion being put to the Convention, w T as decided in the negative. 

The question upon agreeing with the committee in their first resolution 
Was decided in the affirmative. 

Mr. Fisher moved to amend the second resolution by striking therefrom 
the words, “ the Universalist church, in the city of Richmond,” and insert¬ 
ing in lieu thereof the w T ords, “ the Mechanic’s hall, in the city of Norfolk.” 

Mr. Snowden moved to amend the amendment by substituting therefor 
the following, “the town of Alexandria.” 

Mr. Ferguson moved to lay the resolution and amendments upon the 
table, and the motion being submitted to the Convention, was decided in the 
negative—ayes 16, noes 95. 

On motion of Mr. M. Garnett, the vote was recorded as follows: 

Ayes— Messrs. Armstrong, Blue, Byrd, Camden, Carlile, Davis, Fer¬ 
guson, Fisher, Hays, McComas, Neeson, Rob’t. E. Scott, Snodgrass, Sam’l. 
Watts, Ira Williams and Wysor—16. 

Mays— Messrs. Arthur, Banks, Barbour, Bland, Bocock, Botts, Bowden, 
Bowles, Braxton, Brown, Burgess, Caperton, Chambliss, Chapman, Chil¬ 
ton, Claiborne, Conway, Cook, Deneale, Douglas, Edmunds, Edwards, 
Faulkner, Finney, Flood, Fulkerson, Fuqua, Gaily, Garland, Muscoe R. 
H. Garnett, Muscoe Garnett, Goode, Hall, Hill, Hoge, Hopkins, Hunter, 
Jacob, Janney, Johnson, Jones, Kenney, Knote, Leake, Letcher, Ligon, 
Lucas, Lynch, Lyons, McCamant, McCandlish, Jefferson T. Martin, Wil¬ 
liam Martin, Meredith, Miller, Moncure, Moore, Morris, Newman, Price, 
Randolph, Ridley, Rives, Saunders, Francis W. Scott, Robert G. Scott, 
Seymour, Shell, Sheffey, Sloan, Benjamin H. Smith, James Smith, Joseph 


95 


Smith, William Smith, Snowden, Southall, Stanard, Stephenson, Stewart, 
Straughan, Stuart, Summers, Tate, Taylor, Tunis, Turnbull, Van Winkle, 
Wallace, White, Whittle, Willey, Wingfield, Woolfolk and Worsham—95. 

After discussion, 

Mr. F isher moved that the resolution and amendments be laid upon the 
table, and the motion was decided in the negative. 

Mr. M. Garnett demanded that the vote be first taken upon striking out 
the words, “ the Universalist church, in the city of Richmond,” and 

Mr. Conway called the previous question, which was sustained, and the 
Convention refused to strike out the words. 

Mr. Carlile offered the following amendment as a substitute for the 
second resolution of the committee: 

Resolved ,• That the Convention will continue its sittings in this Hall, 
provided the House of Delegates agree to give it to the Convention at one 
o’clock, P. M., each day. 

Mr. Woolfolk demanded that the main question be put, and it was or¬ 
dered, and the Convention rejected the amendment—ayes 16, noes 95. 

On motion of Mr. Carlile, the vote was recorded as follows: 

Ayes —Messrs. Caperton, Carlile, Conway, Davis, Faulkner, Muscoe R. 
H. Garnett, Jones, Lyons, McCamant, Millei, Moncure, Shell, Stanard, 
Trigg, Turnbull and Whittle—16. 

Nays —Messrs. Anderson, Armstrong, Arthur, Banks, Barbour, Bland, 
Blue, Bocock, Botts, Bowden, Bowles, Brown, Burgess, Camden, Cham¬ 
bliss, Chapman, Chilton, Claiborne, Cook, Deneale, Douglas, Edmunds, 
Edwards, Ferguson, Finney, Fisher, Flood, Floyd, Fulkerson, Fuqua, 
Gaily, Garland, Muscoe Garnett, Goode, Hall, Hays, Hill, Hoge, Hop¬ 
kins, Hunter, Jacob, Janney, Johnson, Kenney, Kilgore, Knote, Leake, 
Letcher, Ligon, Lucas, Lynch, McCandlish, Jefferson T. Martin, William 
Martin, Meredith, Moore, Morris, Neeson, Newman, Price, Purkins, Ran¬ 
dolph, Ridley, Rives, Saunders, Francis W. Scott, Robert G. Scott, Sey¬ 
mour, Sheffey, Sloan, Benjamin H. Smith, James Smith, Joseph Smith, 
William Smith, Snodgrass, Snowden, Southall, Stephenson, Stewart, 
Straughan, Stuart, Summers, Tate, Taylor, Trigg, Tunis, Van Winkle, 
Wallace, Samuel Watts, White, Willey, Ira Williams, Wingfield, Wool- 
folk, Worsham and Wysor—95. 

Mr. Ferguson moved that the Convention do adjourn, and the motion 
was decided in the negative. 

The second resolution of the committee was then agreed to by the Con¬ 
vention ; and the question recurring upon agreeing with the committee in 
their report, was decided in the affirmative. 

On motion of Mr. Goode, the Convention then adjourned. 

Thursday, January 9th, 1851. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Dr. Early, of the Methodist church, the journal of yesterday’s pro¬ 
ceedings was read and approved. 

Mr. Lucas presented a communication from Messrs. John J. Palmer and 
Colin, Baptist & Nowlan, which was read as follows: 

To the Hon. the President and Members of the Convention : 

The undersigned beg leave most respectfully to represent, that they are 
desirous of submitting a proposition to your honorable body for the publi- 



96 


Cation of the proceedings and debates of the Convention. That we are at 
a loss to know what form, plan or mode will be most acceptable to the Con¬ 
vention for the proposed publication; whether it be the newspaper, the 
supplemental, the quarto, or the octavo form. It is not for us to say which 
plan combines the greatest advantages, for accomplishing the purposes of 
the Convention. That is a question which remains to be determined by the 
Convention itself; and when determined—when the most desirable plan 
shall be fully ascertained, we conceive it but fair and just that propositions 
should be entertained for the publication, and thus fair competition for the 
work allowed to prevail. In determining upon the plan, we would respect¬ 
fully suggest to the Convention the importance of understanding in ad¬ 
vance, its details , and also to enquire whether equal benefits will accrue to 
all portions of the Commonwealth, that have to pay an equal portion of 
the expense of the proposed publication. If the proceedings be published 
in or circulated with the papers published in Richmond, will that give an 
equal benefit to all portions of the Commonwealth ? A list of their sub¬ 
scribers, we think, would show that a particular section, adjacent to the 
metropolis, would share the principal part of the advantage of said publi¬ 
cation. We believe it entirely within the power of your body to adopt a 
plan which will ensure equal benefits to all and every portion of the Com¬ 
monwealth. And we hope it may be the pleasure of the Convention to as¬ 
certain, in the first place , its own wishes upon the subject; what plan will 
be most acceptable and advisable for it to adopt, in order to accomplish 
most effectually the purposes of the proposed publication ; to what amount 
they are willing to go in the cost of the same ; to understand thoroughly 
the details in connexion therewith ; and then receive propositions from all 
the offices capable of executing properly the duties required. We are 
aware of the proceedings upon this subject at the close of the first session 
of your body in November last. But we are not aware that the Conven¬ 
tion decided upon any matter at that time finally, further than the appoint¬ 
ment of their own reporter. In any event, however, we presume it is en¬ 
tirely competent for and within the province of your body, to adopt any 
plan for the proposed publication, which subsequent reflection and consul¬ 
tation may suggest. We then submitted a proposition, and if it shall be 
the pleasure of the Convention now to indicate, in the first place, what 
mode of publication it prefers, we shall submit other propositions, which 
we must be excused for believing, will recommend themselves to your fa¬ 
vorable consideration. We will add, however, if it be determined to adopt 
the newspaper or supplemental form, we will perform the same duties pro¬ 
posed to be done by R. H. Gallaher, Esq., at the rate of fifty cents per 
thousand, and fifty cents per token for press-work, and at a less cost for the 
paper. Still we can give no assurance, that even at these reduced rates, 
the entire cost will be only between five and six thousand dollars. Candor 
compels us to say that the cost in that case would most likely amount to 
more than double that sum. We fear that if a specified amount were to 
be offered, (as in the case of the Maryland Convention, $4,000 being the 
limit of that body for the publication of their proceedings,') no one would 
be willing to accept the contract for $10,000. S ’’ 

All of which is most respectfully submitted. 

JOHN J. PALMER, 

COLIN, BAPTIST & NOWLAN 


97 


On motion of Mr. Snowden, 

Ordered, That the communication just read be referred to the commit¬ 
tee on reporting the proceedings of the Convention. 

On motion of Mr. Sheffey, 

Resolved , That the Secretary be directed to certify to the First Audi¬ 
tor for payment, the sum of $195 02, in favor of the Governor of the 
Commonwealth ; that sum having been advanced by the Governor out of 
£he contingent fund, placed at his disposal by law, to pay for stationery 
^heretofore furnished for the use of the Convention. 

On motion of Mr. Ridley, 

Resolved , That the committee on the Legislative department be instruct¬ 
ed to enquire into the expediency of providing that every law enacted by 
the Legislature shall embrace but one object, and that shall be expressed in 
the title ; and that no law shall be revised or amended by reference to its 
title, but in such case the act revised or section amended shall be re-enacted 
and published at length. 

Mr. Conway submitted a motion to reconsider the vote of yesterday, 
-adopting the second resolution of the committee charged with providing 
-accommodations for the Convention. 

Mr. Straughan demanded the previous question, and it was ordered, 
and the Convention refused to re-consider the vote. 

On motion of Mr. Randolph, 

Resolved , That in the house to be fitted up for the use of this Convention, 
all the seats shall be opened to be occupied indiscriminately by members, 
who shall hold possession for the time being. 

Mr. Hopkins submitted the following resolution: 

Resolved , That the thanks of this Convention are due. and are hereby 
tendered to the House of Delegates, for the offer of their hall to the Con- 
vention ; but deeming it incompatible with the proper despatch of business, 
that both bodies should hold their sessions in the same hall, the Convention 
will accept the offer of the House of Delegates only so long as may be ne¬ 
cessary to prepare the Universalist church for its deliberations. 

Resolved , That the Clerk of this Convention certify a copy of the fore¬ 
going resolution to the House of Delegates. 

Mr. Woolfolk moved to lay the resolutions upon the table, and the mo¬ 
tion was decided in the negative, and the resolutions were adopted. 

On motion of Mr. Trigg, 

Resolved , That the committee on the Legislative department of the 
government be instructed to enquire into the expediency of incorporating 
into the constitution a provision requiring the Legislature to provide an¬ 
nually a fund of not less than $100,000, to be applied to the payment of 
the principal of the State debt. 

On motion of Mr. Deneale, 

Resolved, That the thanks of this Convention be tendered to the Com¬ 
mon Council of the city of Richmond for their offer of Lafayette Hall for 
the use of this Convention. 

Mr. Willey presented the proceedings of a meeting of citizens of Mo¬ 
nongalia, which, on motion of Mr. Brown, was referred to the committee 
on the basis of representation, &c. 

On motion of Mr. Carlile, the Convention then adjourned. 

13 


98 


Friday, January 10th, 18-51. 

The Convention met pursuant to adjournment, and the journal of yester¬ 
day’s proceedings was read and approved. 

On motion of Mr. Hunter, 

Resolved , That the Committee on the basis and apportionment be in¬ 
structed to enquire into the expediency of inserting the following provisions- 
in the Constitution—to-wit: 

“ The legislature shall pass no act, the effect of which shall be to subject 
the state to debts or liabilities, amounting in the aggregate, with any pre¬ 
vious debts or liabilities, to a sum exceeding millions of dollars, 

except for purposes of war, or to suppress insurrections; and it shall be 
the duty of any Court of record established under this constitution, or the 
laws made in pursuance thereof, upon a proper case made before it, to pro¬ 
nounce such act null and void. 

It shall further be the duty of the Legislature at its first session after the- 
adoption of this Constitution, or as soon thereafter as practicable, to make 
provision by law, for bringing such questions before said courts in behalf of 
any tax payer who may elect to proceed at his own costs—and providing, 
in favor, either of the State or of the party complaining, the right of ap¬ 
peal to the court of last resort, without regard to the sum of money ia 
controversy. 

And, moreover, it shall be the duty of the Legislature to provide by 
law for the publication, at the end of each session, of an official statement,, 
shewing the debts and liabilities referred to in the foregoing section. 

This section shall not be construed to refer to any money that has been 
or may be deposited with the state by the government of the United States. 

The Legislature shall pass no bill appropriating the public money, or in. 
any other way affording pecuniary aid to any road, canal or other work of 
internal improvement, untd each of the following pre-requisites shall have 
been fully complied with—to wit: 

The projected work shall be thoroughly examined by some one or more- 
competent engineers, in the employment of the state, and not appointed with* 
reference to any particular improvement—such examination to be by recon- 
noisance, as full and accurate as possible, short of actual instrumental sur¬ 
veys. 

The report of such engineer or engineers (to be made to the Legislature) 
shall show by estimate, with as much accuracy as practicable, not only the 
cost of constructing the whole work, or contemplated line of works,—and 
in case of a Railroad of supplying the motive power—but also the probable 
amount ot trade and travel, which will pass over such work, or in other 
form contribute to the income to be derived from it within years next 
after the same shall have been completed. 

Such report shall further shew, that according to the estimates and re- 
connoissance above directed, the projected work will yield a nett average 
ietui n of not less than per centum per annum, upon the expenditure 

required foi its construction and motive power, as hereinbefore mentioned 
for the years next succeeding the completion thereof. The accuracy and 
fairness ot such report, according to its purport, shall in all cases be verified 
by the affidavit of the engineer or engineers making the same. 

1 he Legislature shall have power to discriminate as to what property 
or persons shall be the subjects of taxation, but all taxes upon property 


99 


shall be levied upon the ad valorem principle, either according to its abso¬ 
lute or annual value, as the Legislature, in reference to each description of 
property, may deem most just and equitable: Provided, however, that in 
no case shall slaves be subjected to higher taxation than real estate, nor 
shall any slave under the age of years, or which from infirmity or 

disability has become of less annual value than the charge of maintainance, 
be subject to taxation. 

Mr. Braxton, from the committee on the compensation of officers, pre¬ 
sented the following resolution, which was adopted : 

Resol-ed. That the sergeant-at-arms be allowed his pay during the recess 
of the Convention, having been required to remain in the City of Richmond 
by the President of the Convention. 

On motion of Mr. Camden, 

Resolved , That the Committee on the Legislature be instructed to en¬ 
quire into the expediency of providing by the constitution, that in case of 
the insolvency of any bank or banking t^sociation, the bill-holders thereof 
shall be entitled to preference in payment, over all the creditors of such 
bank or association. 

On motion of Mr. Fulkerson, 

Resolved , That the Committee on the Right of Suffrage enquire into 
and report upon the expediency of prohibiting, by constitutional provision, 
any person from voting at any election, upon the result of which such per¬ 
son shall have made any bet or laid any wager, or w T ho is directly or indi¬ 
rectly interested in such bet or w r ager. 

Mr. Snowden, from the Committee on reporting the Debates and Pro¬ 
ceedings of the Convention, presented the following report: 

The Committee to w r hom w T ere referred the various propositions for pub¬ 
lishing the Debates and Proceedings of the Convention, have had the same 
under consideration, and respectfully report: That in their opinion the 
debates and proceedings should be published and distributed so as to be read 
by as large a number of the people as can, at a reasonable cost, be supplied 
w T ith them. The means they thick best suited to effect this object are, first, 
to make use of the circulation of the six political papers printed in this City, 
and, second, to distribute extra copies of the Reports, in order to supply, as 
far as practicable, those persons who may not be subscribers to the Rich¬ 
mond papers. Your committee have ascertained that the Richmond political 
presses issue forty-three thousand papers each week ; this number includes 
their daily, semi-weekly, and weekly issues. Their issues are so distributed 
as to reach fifteen thousand five hundred subscribers. 

It is proposed that a separate sheet shall be published, twice each w T eek, 
containing the authorized Reports of the Stenographer to the Convention, 
and lo he styled, the a Supplement to the Enquirer, Whig, Examiner, Times, 
Republican Advocate, and Republican. ” 

The six papers named are to be employed as agencies for distributing the 
“ Supplements,” so that their fifteen thousand five hundred readers may be 
furnished with full reports of the Debates and Proceedings of the Conven¬ 
tion. 

It is also proposed that each member be furnished with twenty copies of 
“the Supplement,” to be wrapped, mailed and directed by the publishers as 
the members may direct. In this w*ay 2700 copies, in addition to the 15,500 
copies already named, wfill be distributed. 


100 


Your Committee submit the following statement of the cost of diffusing 
this information among the people. Supposing the daily debates and 
proceedings to amount to matter equal to six columns ©f “ the Supple¬ 
ment,” (specimen copies of which have been laid before the members of the 
Convention,) and that the session shall continue fifteen weeks, it is proposed 
by the proprietors of the six papers named to publish and distribute •• the 
Supplement” at the following rates of charge: 


For composition of matter equal to six columns a day, fev 15 
weeks, -------- 

For press-work, folding, &c., of 31,000 copies a week for 15 
weeks, -------- 

For paper for 31,000 copies a week, for 15 weeks, 

For 2700 extra copies twice a week. 15 weeks, at two eents 
each, - - - *♦ - - 


$2106 00= 

2418 00 
4450 50 

1620 OO 


Total, 


$10,594 50 


The aggregate cost, therefore, of publishing and distributing, during a ses¬ 
sion of 15 weeks, 15,500 copies of the supplement, through the agency of 
the six papers named, and 2700 copies as the members of the Convention 
may direct, will, in case the matter does not exceed six columns ® day r 
amount to $10,594 50. 

Should the session be shorter or the matter be less than the estimate r the 
cost will be proportionately lessened ; and on the contrary, should the ses¬ 
sion be longer and the matter greater than the estimate, the cost will be 
proportionately increased. 

Having stated the facts for the consideration of the Convention, yoar 
Committee recommend the adoption of the following resolution : 

Resolved , That the Secretary contract with Robert II. Gallaher and the 
proprietors of the other papers named in this Report, for the publication ancf 
distribution of the Debates and Proceedings of the Convention in the manner 
and at the rates of charge hereinbefore set forth ; and that he take bond 
with security for the faithful performance of the contract. 

On motion of Mr. Tredway, 

Ordered, That the said report be laid upon the table and printed. 

Mr. Knote submitted the following resolution, which, on motion of Mr. 
M. Garnett, was laid upon the table, and ordered to be printed. 

Resolved , That the Secretary be, and he is hereby instructed to contract 
with Mr. George Deitz, Editor of the “Virginia Staats Zeitung/Mo print 
in the German language copies of such public documents as may be 

ordered to be so printed by this Convention, together with the new consti¬ 
tution, when it shall be completed : Provided, such contract can be made at 
prices not higher than are now paid for public printing by the General As¬ 
sembly of Virginia. 

On motion of Mr. Seymour, he was excused from farther service on the 
Committee on the Legislative Department. 

Mr. Martin, of Marshall, moved to take up and consider the report of 
the Committee on reporting the Proceedings and Debates of the Conven¬ 
tion ; pending the consideration of which, 

On motion of Mr. Letcher, the Convention adjourned. 



\ 


101 


Saturday, January 11, 1851. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Dr. Early, of the Methodist Church, the journal of yesterday’s pro¬ 
ceedings was read and approved. 

The unfinished business, being the report from the Committee on report¬ 
ing the Proceedings of the Convention, being under consideration, and the 
question being upon the adoption of the resolution of the Committeee, 

Mr. Claiborne moved to amend the same by striking therefrom all af¬ 
ter the word “Resolved,” and inserting the following: “ That the Secre- 
tary be authorized to contract for the publication of three hundred copies 
of the Debates and Proceedings of the Convention in pamphlet form, for 
the use of the members. 

Mr. Jacob submitted a motion to recommit to the same Committee their 
report and the resolution just offered. 

Mr. Camden moved the following amendment to the motion just made; 

Resolved , That the Committee on printing and publishing the Debates 
and Proceedings of the Convention, be recommitted to the said Committee, 
with instructions to consider of a plan for printing said Debates and Pro¬ 
ceedings in a suitable form for binding and preservation, and for furnishing 
the country press with copies thereof for distribution amongst their sub¬ 
scribers, and to ascertain and report a proper division of the 2700 extra 
copies among the members of the Convention, according to the number of 
of voters in their respective districts. 

On motion of Mr. Hopkins, the report and amendments were ordered to 
be laid upon the table. 

The President submitted a communication from the First Auditor, which 
was read as follows : 

Auditor’s Office, Richmond, January 11, 1851 v 

Sir: —Since the date of my last communication, (during the recess of 
the Convention,) I have furnished to the Secretary of the Convention, as 
required by resolution of that body, a “ corrected table shewing the amount 
that would be payable by each county, city and town, under the recent as¬ 
sessment of lands, at the rate of taxation now prescribed by law; ” also a 
table shewing u the amount of taxes accruing on each subject of taxation 
for the year 1850 ; ” also a table shewing the disbursements through this 
office, from the first day of October, 1849, to the thirtieth day of Septem¬ 
ber, 1850, inclusive, classified, as far as practicable, by counties, cities and 
grand divisions.” The “tabular statement, shewing the free white, free 
coloured and slave population of each county, city and town of this com¬ 
monwealth in the years 1790,1800,1810, 1820, 1830, 1840, and 1850,” is 
complete, except as to population in 1850 of the counties of Stafford, Isle of 
Wight, Lunenburg, Halifax and Patrick. 

I have furnished to the printer of the Convention, with the consent of the 
Secretary, the two completed divisions of this table, and will furnish him 
with the other two divisions in their incomplete condition as soon as he de¬ 
sires to go to work on them, with the expectation of being able to fill up 
the blanks before he is ready to strike off the document. I have pursued 
this course, that there may be as little delay as possible, after completing the 
table, in furnishing it to the Convention for the use of its membeis. 

With high respect, I am, your obedient servant, 

RO: JOHNSTON, First Auditor. 
Hon. John Y. Mason, President Ya. State Convention. 


102 


On motion of Mr. Jacob, 

Ordered , That the communication just read be laid upon the table. 

On motion of Mr. Floyd, he was excused from further service upon the 
Committee on the Executive Department of the government; and on far¬ 
ther motion of Mr. Floyd, Mr. Trigg was added to that Committee. 

On motion of Mr. Scott, of Fauquier, the Convention adjourned. 

- * 

Monday, January 13th 1851. 

The Convention met pursuant to adjournment, and the journal of Sat¬ 
urday’s proceedings was read and approved. 

On motion of Mr. Snowden, the Convention agreed to take up and 
consider the report of the committee on reporting the debates and proceed¬ 
ings of the Convention. 

The question being upon the resolution of Mr. Camden to re-commit 
the said report with instructions, Mr. Camden, by leave of the Conven¬ 
tion, withdrew his resolution. 

The question then recurred upon the amendment of Mr. Claiborne, 
when, 

On motion of Mr. Price, the report of the committee, with the amend¬ 
ment, and all the proposals, submitted for reporting the debates and pro¬ 
ceedings, was referred to the committee on reporting. 

On motion of Mr. Price, the Convention then adjourned. 

Tuesday, January 14th, 1851. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Dr. Doggett, of the Methodist church, the journal of yesterday’s 
proceedings was read and approved. 

On motion of Mr. Douglas, 

Resolved ,, That the committee on the bill of rights be instructed to en¬ 
quire and report if any, and what, provisions are necessary to be inserted 
in the new constitution concerning the Pamunky and Mattaponi Indians, 
or any other remnants of the old tributary Indians, who may be still re¬ 
maining in this Commonwealth. 

Mr. Douglas submitted a motion that the foregoing resolution be print¬ 
ed, and it was rejected. 

On motion of Mr. Randolph, 

Resolved , That the following resolutions be referred to the committee 
on the legislative department of the government for enquiry and report. 

Resolved , That there shall be set apart annually by the auditing and 
disbursing officers of the treasury, from the revenue accruing from taxa¬ 
tion, and the fund for internal improvements, a sum equal to eight percent, 
of the State debt existing on the first day of January, 1852. The fund 
thus set apart shall be called the “ Sinking Fund,” and shall be set apart 
and applied by the officers aforesaid to the payment of the interest of the 
State debt, and the principal of such part as may be redeemable. If no 
part be redeemable, then the residue of the sinking fund, after the payment 
of interest, shall be invested in the bonds or certificates of debt of this 
Commonwealth, or of the United States, or of some of the States of this 
Union, and applied to the payment of the State debt, as it shall become 
redeemable. For the purpose of setting apart, making and superintending 
this investment, the said officers shall constitute a board, with all necessary 
power to carry into effect this article ; the organization of which board 
may be prescribed by law. 




103 


Whenever a debt shall be contracted after the first day of January, 1852, 
the said officers shall, in like manner, set apart annually, for twenty-four 
years, a sum equal to eight per cent, of the debt at the time of its contrac¬ 
tion, for the space of twenty-four years from that time, which sum shall 
be a part of the sinking fund, and shall be applied in the manner before di¬ 
rected. The revenue thus appropriated shall not be subject to appropria¬ 
tion by the Legislature, except in time of war, insurrection, or invasion. 

Resolved, That the Legislature shall not pledge the faith of the State, 
or bind it in any form, for the debts or obligations of any company or cor¬ 
poration whatever. 

Resolved , That the Legislature shall not contract loans, or cause to 
be issued certificates of debt or bonds of the State irredeemable at the 
pleasure of the State for a period greater than twenty-four years. 

On motion of Mr. Randolph, the foregoing resolutions were ordered to 
be printed. 

Mr. Snowden, from the committee on reporting the proceedings and 
debates of the Convention, presented the following report: 

The committee appointed to consider and report a plan for printing and 
publishing the debates and proceedings of the Convention, have again con¬ 
sidered the subject and respectfully report: That after having weighed the 
various schemes submitted to their consideration, they adhere to the plan 
recommended in their former report. They believe it will secure the most 
prompt, correct, and impartial publication of the authorized reports ; that 
it will place these reports in the hands of the greatest number of readers; 
that it will put it out of the power of the Richmond press to exert its po¬ 
tent influence on one side, to the exclusion of the other side of any great 
question of reform; that it will remove from its editors the temptation to 
make improper, or what will, by some , be deemed improper discriminations 
by publishing only what may accord with their peculiar views, and thereby 
it will keep down discontents in the Convention, promote the harmony of 
its deliberations, and the prospect of unanimity, in preparing and adopting 
a wise constitution. 

In addition to the circulation of 18,200 copies of the supplement pro¬ 
posed in their former report, the number may be greatly increased at a very 
trifling individual expense. At a cost of four cents a week, or sixty cents 
for a session of fifteen weeks, any person in the commonwealth, who is not 
a subscriber to either of the Richmond papers, may procure, through his 
representative in the Convention, or otherwise, full and perfect reports of 
all that is said and done in the Convention. 

In the table of charges exhibited in their former report, the committee 
have ascertained there was an error. The cost of composition was set 
down at $*2,106. It ought to have been $1,823 20. The error originated 
out of a mistake in supposing that a column of the supplement contained 
six thousand, when it contains only five thousand two hundred ems. 

The committee will further state, that if the Convention desire it, Mr. 
Gallaher will reduce the charge for paper, but that an inferior sort of paper 
must necessarily be furnished. Your committee decline recommending any 
change in this item of charge, as they suppose the Convention wish the 
work° to be well done, if done at all. In this connexion it maylbe remark¬ 
ed, that in almost every ream of paper there is a greater or less number of 
damaged sheets. Mr. Gallaher proposes to charge the commonwealth only 


104 


with the paper that is used, and to bear the loss of the imperfect sheets, 
it will also cost Mr. Gallaher sixty dollars a week to distribute the sup¬ 
plements through the offices of the city press. The committee will now 
proceed to shew that there .exist very exaggerated ideas of the cost of dis¬ 
seminating these reports among the people. It will be remembered that 
it was proposed in the former report to publish the supplement twice a 
week ; and the calculation was based upon the supposition that each issue 
would contain eighteen columns, or matter equal to an average of six col¬ 
umns a day. The charges, after correcting the error referred to in a form¬ 
er part of this report, were as follows: 

Composition, ----- $1,823 20 

Press-work, &c4 - - - - - 2,418 00 

Paper, &c., - - - - . - 4,450 50 


Total, for 31,000 copies a week, - - - $8,691 70 

It has been supposed that if two columns a day be added to the matter, 
the cost will be increased 33 1-3 per cent; when, in fact, the only addi¬ 
tional cost will be that of composition for tw r o columns, the paper and press- 
w'ork being the same. Six columns a day would make eighteen columns 
to each semi-weekly issue, leaving a blank space for six columns ; eight 
columns a day would make twenty-four columns each issue, which would 
just fill the sheet of the supplement. The additional cost, then, of eight 
over six columns a day, for a session of fifteen weeks, would be only $610 
40 cents. 

Your committee, therefore, recommend the adoption of the following re¬ 
solution : 


Resolved, That the Secretary contract with Robert H. Gallaher, and 
the proprietors of the Richmond Whig, Enquirer, Times, Examiner, and 
Republican Advocate, for the publication and distribution of the debates 
of the Convention, as set forth in the report heretofore made by this com¬ 
mittee, and at the following rates : Three dollars and thirty-eight cents for 
composition of matter equal to a column of the supplement; $4 60 per 
ream for paper actually printed, the paper to be of first quality ; sixty-five 
cents a token for press-work, folding, &c.; and two cents a copy for 2,700 
copies of the supplement, to be wrapped, directed, and mailed by the pub¬ 
lisher, as members of the Convention may direct; and that the Secretary 
take bond with security for the faithful performance of the contract. 

The question being upon agreeing with the committee in their resolution, 

Mr. Braxton moved its indefinite postponement. 

Mr. Claiborne moved that the Convention do adjourn, and the motion 
was rejected. 

After debate, Mr. Carlile moved that the Convention do adjourn, and 
the motion was decided in the negative. 

The Convention then refused to postpone indefinitely the resolution of 
the committee—ayes 43, noes 80. 

On motion of Mr. Braxton, the vote was recorded as follows: 

Jiyes —Messrs. Anderson, Banks, Barbour, Bocock, Bowden, Braxton, 
Chambers, Claiborne, Davis, Douglas, Edmunds. Edwards, Faulkner, 
Flood, Fuqua, Garland, Muscoe R. II. Garnett, Goode, Hill, Jacob, Jones, 
Kenney, Kilgore, Ligon, Lynch, McCandlish, Miller, Moncure, Morris, 
Newman, Saunders, Sloan, James Smith, Southall, Stanard, Strother, Tay¬ 
lor, Turnbull, Wallace, Whittle, Wingfield, Woolfolk and Worsham—43. 



105 


Nays —Messrs. Mason* (Pres’t.) Armstrong, Arthur, Beale, Bland, 
Blue, Botts, Bowles, Brown, Burgess, Camden, Caperton, Carlile, Dale 
Carter, John A. Carter, Chambliss, Chapman, Chilton, Cocke, Conway, 
Cook, Cox, Deneale, Ferguson, Finney, Floyd, Fulkerson, Fultz, Gaily, 
Muscoe Garnett, Hays, Hoge, Hopkins, Hunter, Janney, Johnson, Knote. 
Leake, Letcher, Lronberger, Lucas, Lyons, McCamant, McComas, Jeffer¬ 
son T. Martin, William Martin, Meredith, Moore, Murphy, Neeson, Pen- 
'dleton, Petty, Price, Randolph, Ridley, Rives, Robert E. Scott, Robert G. 
•Scott, Seymour, Shell, Sheffey, Benjamin H. Smith, Joseph Smith, Wil¬ 
liam Smith, Snodgrass, Snowden, Stephenson, Stewart, Stuart, Summers, 
Tate, Trigg, Tunis, Van Winkle, Samuel Watts, William Watts, W T illey, 
Ira Williams, W r ise and Wysor—80. 

Mr. Cox submitted a motion that the report be re-committed to the same 
•committee, with instructions to receive proposals for publishing the pro- 
•ceedings and debates of the Convention in octavo form, or in a form con¬ 
venient to be bo'Und and preserved—pending the consideration of which, 

On motion of Mr. Conway, the Convention adjourned. 

Wednesday, January 15th, 1851. 

The Convention met pursuant to adjournment, and afi 
Rev. Mr. Dibrell of the Methodist church, the journal of 
ceedings was reads 

The President stated the question to be upon the adoption of the resolu¬ 
tion of Mr. Cox, offered on yesterday. 

Mr. Cox, by leave of the Convention, withdrew his resolution and sub¬ 
mitted the following : 

Resolved , That the report and resolution be recommitted with instruc¬ 
tions to the committee to receive proposals for publishing numbers of 
the daily debates and proceedings of the Convention, in an octavo form, or 
a form convenient for binding and preservation, to be distributed equally 
among the members of the Convention ; and also for numbers to be 
published, folded, and addressed, as directed by members, each member be¬ 
ing entitled to the same number of copies. 

Mr. Newman proposed the following amendment as a substitute for the 
resolution just offered, and it was rejected : 

Resolved , That the committee on reporting, &c. be directed to receive 
proposals for printing in octavo form copies of the debates of the Con¬ 
vention, and ascertain the cost thereof; which copies shall be disposed of as 
follows: 

-copies to be furnished to the members of the Convention. 

-copies to be furnished to subscribers at $ per copy. 

-copies to be bound for sale at $ per copy. 

The question recurring upon the adoption of the resolution of Mr. Cox, 
it was decided in the affirmative, ayes 67, noes 50. 

On motion of Mr. Cox, the vote was recorded as follows: 

Messrs. Anderson, Banks, Barbour, Beale, Bland, Bocock, Botts, 
Bowles, Byrd, John A. Carter, Chambers, Claiborne, Cocke, Cox, Davis, 
Deneale, Edwards, Finney, Flood, Fultz, Fuqua, Garland, Goode, Hill, 
Hoge, Jacob, Jones, Kenney, Letcher, Lionberger, Lynch, McCamant, Mc¬ 
Comas, William Martin, Miller, Moore, Newman, Pendleton, Petty, Price, 
Ridley, Rives, Saunders, Robert E. Scott, Sloan, Benjamin H. Smith, 

14 


er prayer by the 
yesterday’s pro- 






106 


James Smith, Joseph Smith, William Smith, Snodgrass, Southall, Stanard, 
Stephenson, Stewart, Strother, Stuart, Summers, Tate, Trigg, Turnbull? 
Wallace, White, Whittle, Ira Williams, Woolfolk, Worsham, Wysor.—67. 

Nays —Messrs. Mason, (President,) Armstrong, Arthur, Blue, Bowden, 
Braxton, Brown, Burgess, Camden, Dale Carter, Chambliss, ( hapman, 
Chilton, Conway, Cook, Douglas, Edmunds, Ferguson, Floyd, Fulkerson, 
Gaily, Muscoe Garnett, Hopkins, Hunter, Janney, Johnson, Kilgore, Knote, 
Leake, Ligon, Lucas, McCandlish, Jefferson T. Martin, Moncure, Mfor- 
ris, Neeson, Purkins, Robert G. Scott, Seymour, Shell, Sheffey, Snow¬ 
den Taylor, Tredway, Tunis, Van Winkle, S. Watts, Willey, Wingfield, 
and Wise—50. 

The President submitted a communication from Robert Johnston Esq., 
First Auditor, which was read as follows s 

Auditor’s Office, Richmond, January 14, 1851. 

Sir —Herewith I have the honor of handing you the table shewing the 1 
amount of taxes assessed for each county, city and town in the' Common¬ 
wealth of Virginia in the years 1790, 1800, 1810, 1820, 1830* and 1840,. 
called for by resolution of the Convention passed the 17th day of October 
last. 

I am, with high respect, your ob’t. servant, 

RO: JOHNSTON, First Auditor. 

To the Hon: John Y. Mason, Pres’t. of the Virginia Convention. 

On motion of Mr. Summers, the communication and accompanying docu-- 
ments w'ere ordered to be laid upon the table and printed. 

Mr. Neeson moved that 2000 extra copies of the communication be 
printed for the use of the Convention, and the motion being submitted, was 
decided in the negative. 

On motion of Mr. Knote, the Convention aggreed to take up, and con¬ 
sider a resolution offered by him on the 10th inst., and laid on the table. . 

Mr. Knote moved to fill the blank in the resolution with the number five 
hundred. 

Mr. Kenney moved to fill the blank with five thousand, when, 

On motion of Mr. Muscoe Garnett, the resolutions and amendments 
were ordered to be referred to the committee on reporting the proceedings 
of the Convention. 

Mr. Goode submitted the following, to be referred to the legislative 
committee for enquiry and report. 

The Legislature shall be formed of two distinct branches, and shall be 
called the General Assembly of Virginia. 

One of these shall be called the House of Delegates, and the other the 
Senate. 

Each House shall be divided into two Chambers: one to be composed of 
the members chosen for and by the counties, cities, towns and electoral dis¬ 
tricts situated east of the Blue Ridge of Mountains; and the other of the 
members, chosen by and for the counties, cities, towns and electoral dis¬ 
tricts situated west of the Blue Ridge of Mountains. 

On all money, bills, and propositions to raise money, by taxes, loans, or 
otherwise, and on all measures for the appropriation of public money, the 
vote shall be taken by Chambers ; and a majority of each Chamber shall 
be necessary to pass in the affirmative any such bill, measure or proposition. 

On all othei occasions, a majority of the whole House shall be compe- 


107 


tent to pass the question in the affirmative; provided that twenty members 
of the House of Delegates, or ten members of the Senate concurring, shall 
have the right to demand that the vote shall be taken by Chambers, on any 
question pending before the respective Houses, and on every such occasion 
a majority of each Chamber shall be requisite to pass the question in the af¬ 
firmative. ^ 

Resolved ,, That the preceding paper be referred to the committee on the 
Legislative department, with instructions to enquire into the expediency 
of engrafting such provisions on the Constitution. 

On motion of Mr. Goode, the preceding proposition was referred to the 
committee on the legislative department, and ordered to be printed. 

On motion of Mr. Jacob, 

Ordered , That Mr. Cox and Mr. Newman be added to the committee 
on reporting the debates and proceedings of the Convention. 

On motion of Mr. Moncure, the Convention adjourned. 


Thursday, January 16th, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read. 

Mr. Price presented the proceedings of a public meeting held in the 
county of Pocahontas on the 7th of January inst., which on his motion 
was referred to the committee on the basis of representation. 

On motion of Mr. McComas, 

Resolved , That the legislative committee enquire into the expediency of 
prohibiting the Legislature from passing any law impairing the remedies 
for the enforcement of contracts or the collection of debts, which existed 
and were in force at the time of the execution of such contracts, or the 
creation of such debts. 

On motion of Mr. Letcher, 

1. Resolved , That the legislative committee be instructed to enquire 
into the expediency of organizing a commission, for the settlement of all 
private claims agaist the state, and of requiring the Attorney General to 
represent the state before such commission, to protect it against all illegal, 
fraudulent, or unjust claims which may be presented. 

2. Resolved, That the said committee enquire into the expediency of 
prohibiting the Legislature from granting divorces. 

3. Resolved , That the said committee enquire into the expediency of 
prohibiting the Legislature from making any allowance to the owners of 
convict slaves, sentenced to death or transportation. 

Mr. Taylor submitted a motion that when the Convention adjourn to 
day, it adjourn to meet at 12 o’clock on Monday next at the Universalist 
church. 

Mr. Muscoe Garnett moved to amend, by striking out the words a on 
Monday next,” and inserting in lieu thereof “ to-morrow,” and the motion 
being submitted to the Convention was adopted. 

The resolution as amended was then passed as follows : 

. Resolved , That when the Convention adjourn to-day, it adjourn to 
meet at 12 o’clock to-morrow, at the Universalist chinch*, 

On motion of Mr. Sheffey, the Convention adjourned. 



108 


Friday, January 17th, 1851. 

The Convention met pursuant to adjournment, and after prayer by the- 
Rev. Mr. Baily, of the Methodist Church, the journal of yesterday’s pro¬ 
ceedings was read and approved. 

On motion of Mr. Botts, 

Resolved, That the Committee on the Legislative department of the 
Government be instructed to inquire into the expediency of adopting a 
provision in the constitution for abolishing capital punishment and im¬ 
prisonment for debt. 

On motion of Mr. Van Winkle, 

Resolved, That the Auditor of public accounts be requested to report to* 
the Convention what amount of money has been received into the treasury 
for lands sold by the commissioners of delinquent and forfeited lands, under 
the acts of 1837 and 1838, concerning western land titles; the number 
of acres of land sold, and what portion of the proceeds of the said sales has 
been paid to the original owners of such lands. 

On motion of Mr. Wise, 

Resolved, That the executive committee to enquire into the expediency 
of incorporating into the constitution the following provision, to wit: 

In the executive department of the State there shall be a bureau of ag¬ 
riculture, a bureau of statistics, a bureau of manufactures and arts, a bu¬ 
reau of trade and commerce, and a bureau of civil engineering and sur¬ 
veys, the duties and operations of which shall be organized and regulated 
by law. 

On farther motion of Mr. Wise, 

Resolved , That the legislative committee be instructed to enquire into the 
expediency of incorporating into the constitution the following provision,, 
to wit: 

All works of State internal improvement shall be classified by a compe¬ 
tent chief of civil engineering and surveys into four classes. 

No appropriation, entirely from the State treasury, shall be made to any 
works of internal improvement, except those of the first class. None 
shall be made to those of the second class, unless individuals shall sub¬ 
scribe, and actually pay in money two-fifths of their cost of construction. 
None shall be made to works of the third class, unless individuals shall 
subscribe and actually pay in money three-fifths of their cost of construc¬ 
tion. And none shall be made to works of the fourth class, unless indivi¬ 
duals shall subscribe and actually pay in money four-fifths of their cost of 
construction. And none shall be made to new works of internal improve¬ 
ment until the works of previous appropriations in the same class shall 
have been fully completed, and the State liabilities therefor shall have been 
fully paid and discharged. 

()n farther motion of Mr. Wise, 

Resolved, That the legislative committee be instructed to enquire into the 
expediency of incorporating into the constitution the following provision, 
to wit: 

No State loan or public debt whatever shall be created by the Legisla¬ 
ture, without, at the same time, in the same law, providing the means up¬ 
on which alone the public faith of the State shall be pledged for the debt 
or loan, and whereby it shall be redeemed and paid. And to secure and 
preserve inviolate'the" public faith and credit of the State, the Legislature 



109 


may, whenever it deems proper, resort to a tax in the nature of a premium 
of mutual insurance, not exceeding per cent,, upon all houses and 

other property of the State, capable of insurance by the State to its citi¬ 
zens, against losses by fire or otherwise, as may be regulated by law. 
And though at all times the existence or fact of a public debt may be 
contested or controverted by the State at law or equity, yet the repudia¬ 
tion of a public debt, or of the interest thereon, in any form or degree 
whatever, by the State government, or by any of its departments, tribunals 
or officers, hereby is expressly and solemnly forbidden. 

On motion of Mr. Hopkins, 

Ordered , That the three preceding resolutions be printed for the use of 
the Convention. 

Mr. Taylor moved that when the Convention adjourn to-day, it ad¬ 
journ to meet on Monday next at one o’clo k. 

Mr. Anderson moved to amend by striking from the resolution the word 
u one ” and inserting in lieu thereof the word “ ten ” ; pending the con¬ 
sideration whereof, 

On motion of Mr. Jacob, the Convention adjourned. 


Saturday, January 18th, 1851,. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

Mr. Mark Bird, elected from the Shenandoah district, to supply the va¬ 
cancy caused by the resignation of Mr. Samuels, appeared and took his seat. 

The President stated the question to be upon the amendment proposed 
on yesterday by Mr. Anderson to a resolution offered by Mr. Taylor, 

The question being put to the Convention, the amendment of Mr. An¬ 
derson was rejected. 

Mr. Hopkins moved to amend the resolution by adding at the end thereof 
the following, “ and so from day to day till otherwise directed”—so that 
the resolution would read : 

Resolved , That when the Convention adjourn to-day, it adjourn to meet 
on Monday next at one o’clock, and so from day to day till otherwise di¬ 
rected. 

The motion being submitted to the Convention, was adopted. 

The resolution, as amended, was then passed. 

On motion of Mr. Muscoe Garnett, 

Resolved , That the committee on the Legislative department enquire 
into the expediency of so providing in the amended constitution that the 
person of a debtor, where there is not stiong presumption of fraud, shall 
not be continued in prison, after delivering up all his estate for the benefit 
of his creditors, in such manner as shall be provided by law. 

On motion of Mr. Camden, 

j Resolved, That the committee on western land titles, &c., enquire into 
the expediency of limiting for a period of twenty years, actions for the recov¬ 
ery of land lying west of the Alleghany Mountains, to five years next af¬ 
ter the time at which the right of action accrued ; and after the expiration 
of twenty years, to make the limitation of such actions uniform through¬ 
out the commonwealth. 

Resolved , That the said committee also enquire into the expediency of 
prohibiting, in future, the issuing of grants for land except to actual settlers, 
or bona fide occupants. 







110 


The President announced that he had appointed Mr. Mark Bird to fill 
the vacancy on the committee on the Legislative department of the gov¬ 
ernment, caused by transferring Mr. Seymour to the committee on the ba¬ 
sis of representation. 

The President presented a communication from Joseph C. G. Kennedy, 

which was read as follows : 

Census Office, Department of Interior, 

Washington, January 13th, 1851. 

Sir —I have the honor to enclose to you herewith a statement of the 
population of the counties of Western Virginia. 

I regret that circumstances preclude the possibility of my making out 
for you to-day a return of the population of the remaining portion of the 
State ; but I am sorry to have it to say that the returns from a large num¬ 
ber of counties in Eastern Virginia have not yet been forwarded to this of¬ 
fice. 

It is impossible to say where the negligence exists, but I am very w r ell sat¬ 
isfied that the Secretary of the Interior will not overlook the failure, in 
any instance, without being perfectly assured that insuperable difficulties 
have interposed to delay the execution of the work beyond the time pre¬ 
scribed by the act of Congress. 

The moment the returns of the Eastern portion of Virginia are received, 
I will forward you an abstract thereof. 

I am, sir, with great respect, your obedient servant, 

JOSEPH C. G. KENNEDY. 

Hon. John Y. Mason, President State Convention, Richmond, Va. 

On motion of Mr. Van Winkle, 

Ordered, That the communication and accompanying documents be re¬ 
ferred to the committee on the basis, &c. 

Mr. Sheffey, from the corrimittee on reporting the proceedings and de¬ 
bates of the Convention, presented the following report: 

The commiitee appointed to report a plan for printing the debates and 
proceedings of the Convention have, according to order, had under consid¬ 
eration the following resolution: u Resolved , That the Secretary be and 
he is hereby instructed to contract with Mr. George Deitz, editor of the 
Virginia Staats Zeitung, to print in the German language copies of 
such public documents as may be ordered to be so printed by this Conven¬ 
tion, together with the new constitution when it shall be completed, provi- 
vided such contract can be made at prices not higher than are now paid 
for the public printing by the General Assembly of Virginia,” and have 
agreed to the following resolution : 

Resolved, That the Secretary contract with Mr. George Deitz, editor of 
the Virginia Staats Zeitung, or some other person, on terms most favorable 
to the commonwealth, and at rates not exceeding those paid to the printer 
to the General Assembly, for printing in the German language such public 
document: as may from time to time be ordered ; and also for the printing 
of the new constitution when adopted; the documents and copies of the 
constitution so printed to be delivered by the printer to the members of the 
Convention for distribution. 

Mr. Botts moved to lay the report upon the table, and the motion was 
agreed to by the Convention—ayes 79, noes 29. 

On motion of Mr. Kenney, the vote was recorded as follows ; 


Ill 


Ayes —Messrs* Anderson, Arthur, Hunks, Barbour, Beale, Bird. Bland* 
Blue, Bocock, Botts, Bowles, Braxton, Burgess, Caperton. Carlile, D. Car¬ 
ter, J. A. Carter, Chambliss, Chapman, Chilton, Cocke, Conway, Deneale, 
Douglass, Edmunds, Flood, Fultz, Fuqua, Garland, Muscoe R. H. Gar- 
nett, Muscoe Garnett, Goode, Hall, Hays, Hill, Hoge, Henry L. Hopkins, 
Hunter, Janney, Jones, Ligon, Lionberger, Lucas, Lynch, McCamant, 
McCandlish, William Martin, Meredith, Miller, Moore, Pendleton, Petty, 
Price, Purkins, Randolph, Ridley, Rives, Saunders, Shell, Sloan, Penja- 
min H. Smith, Joseph Smith, Southall, Stewart, Summers, Taylor, Tred- 
way, Trigg, Tunis, Van Winkle, Wallace, William Watts, White, Willey, 
Ira Williams, Wingfield, Wise, Woolfolk, Worsham, Wysor—?9. 

Nays —Messrs. Mason, (Pres’t.) Armstrong, Brown, Byrd, Camden, 
Cook, Davis, Floyd, Fulkerson, Gaily, Jacob, Johnson, Kenney, Knote, 
Letcher, McComas, J. T* Martin, Neeson, Newman, R. G. Scott, Sey¬ 
mour, ShefFey, William Smith, Snodgrass, Stanard, Stephenson, Tate, 
Turnbull, Samuel Watts—29. 

On motion of Mr. Wm. Smith, the Convention adjourned. 

Monday, January 20th, 1851. 

The Convention met pursuant to adjournment, and the journal of Satur¬ 
day’s proceedings was read and approved. 

The President submitted a communication from Joseph C. G. Kennedy, 
Esq., which w T as read as follows*: 

Census Office, Departmet of the Interior, 

January 18th, 1851. 

Sir —I have the honor to send you herewith a statement of the popula¬ 
tion of the several counties of Western Virginia. 

It is believed that this statement is nearly correct in every essential par¬ 
ticular, as it is made out with much Care, and from the returns themselves. 
The other statement, sent some days since, was made out in part from the 
certificates of the Marshal, which, in a few instances, Were found inaccu¬ 
rate. 

I have the honor to be, sir, 

Very respectfully, your obedient servant, 

JOSEPH C. G. KENNEDY, 

Superintendent of Census. 

Hon. John Y. Mason, President of the Virginia Convention. 

On motion of Mr. Summers, 

Ordered, That the communication just read, together with the accom¬ 
panying documents, be referred to the committee on the basis of represen¬ 
tation. 

On motion of Mr. Wise, Mr. Camden was added to the committee on 
western land titles, to fill the vacancy occasioned by the resignation ot 
Mr. Samuels. 

Mr. Sheffey, from the committee on reporting the debates and proceed¬ 
ings of the Convention, submitted the following report: 

The committee on printing and publishing the debates and proceedings 
of the Convention have, in conformity with the resolution of instructions 
adopted by the Convention, received certain proposals for printing said de¬ 
bates and proceedings, which they herewith submit for the consideration of 
the Convention, accompanied by estimates of cost, founded on the respec- 



112 


live bids. The committee report the following facts, to enable the Convene 
tion to make its own calculation of cost. 

In one column of the Supplement there are 5,200 ems. In twenty-four 
columns of the Supplement there are 124,800 ems. A ream of paper con¬ 
tains 480 sheets. A token of press-work is 250 copies; the press-work 
of 250 sheets makes 500 copies, or two tokens. 

Suppose, then, the matter reported equals eight columns oi the Supple¬ 
ment a day; the committee will now state the cost of the Yarious plans as 
proposed by the bidders. 

1. It being understood that the proprietors of the city papers will not 
charge for the distribution of the Supplements, the cost of the Supplement 
Will be as follows : 

Composition at 62 1-2 cents per 1000 ems, - • $155 99 

Press-work at 62 1-2 cents per token, - * 155 00 

Paper for 31,000 copies a week at $4 60 a ream, * 296 70 

Cost of 31,000 copies of Supplement a week, * 607 69 

Or for fifteen weeks, - - - 9115 35 

2. Elliott k Nye propose to print the matter in octavo form on paper to 
cost $3 per ream, and On each sheet of which paper would be eight pages, 
containing 3,300 ems a page, at 45 cents per 1000 ems, and 45 cents per 
token for press-work. The cost, under this proposal, of printing and dis¬ 
tributing weekly as much matter as would be Contained, according to the 
foregoing estimate, in the Supplement, would be as follows: 

Composition at 45 cehts per 1000 ems, - - $112 

Press^work at 45 cents per token for matter equal to what 
31,000 copies of the Supplement would contain, say 
70,000 sheets a week, or 560 tokens, - - 252 

Paper, 70,000 sheets a week, at $3 a ream, - *■ 437 

Cost per week, 801 

Or for fifteen weeks, - 12,027 30 

To which must be added $70 a week for folding, if the sheets are re» 
qliired to be folded, and one dollar a thousand for directing and mailing such 
copies as are required to be mailed* The additional charge for postage on 
these pamphlet sheets over the Supplement sheets would be $390 a week. 

3. Colin, Baptist & Nowlan propose to print the debates and proceedings 
in octavo form, on super*royal paper peach sheet to contain sixteen pages 
of matter of 3,900 ems each, at 50 cents per thousand ems, and 55 cents 
per token ; the paper to cost $6 a ream. According to this proposal, a to» 
ken is 250 copies of sixteen pages; if, however, the matter required to be 
printed should, at any time of publication, be only eight pages, the charge 
for press-work will be the same as for sixteen pages. 

The cost of this proposition is as follows: 

Composition at 50 cents per 1000 ems, 

Press-work at 55 cents per token, 

Paper at $6 a ream, - 

Cutting at two cents per 100 copies, 

Cost per week, * 

Or for fifteen weeks, *• 

If the quarto form were adopted, the press-work would be 50 cents a 
token. To the above charges must be added 1 1-2 cents per copy for di¬ 
recting and mailing extra copies for members; and also $320 a week ad¬ 
ditional postage to be paid by the Convention or the people. 


32 


00 

50 


$124 80 
136 40 
383 33^ 
- 12 40 
660 93i 
9914 00 


113 


i 


4. Robert H. Gallaher proposes to print the debates and proceedings in 
octavo form, on super-royal paper, each sheet to contain sixteen pages of 
matter, of 3900 ems each, at 62 1-2 cents per 1000 em*:., and 62 1-2 cents 
per token for press-work; the paper to cost $6 a ream. According to 
this proposal, a token is 250 copies of sixteen pages ;'if, however, the mat¬ 
ter required to be printed should, at any time of publication, be only eight 
pages, the charge for press-work will be the same as for sixteen pages. 

The cost of this proposition is as follows : 

Composition at 62 1-2 cents per 1000 ems, - $156 00 

Press-work, - 155 00 

Paper at $6 a ream, - 387 33J 

Cost per week, - 698 331 

Or for fifteen weeks, - 10,475 00° 

To this must be added an extra charge for mailing and directing, say 
50 cents a hundred copies. The charge for postage on this matter over 
that on the Supplement will be $320 a week. 

5. Mr. William Culley proposes to print 25,000 copies in octavo form 
twice a week during a session of fifteen weeks, for $10,000: Provided , 
the matter does not exceed weekly eighteen close columns of the National 
Intelligencer. The foregoing calculations are based upon the supposition 
that 15,500 copies would be issued twice a week. In proportion to his 
written offer, it is presumed Mr. Culley would furnish 15,500 a week for 
$413 33§ each week; the matter to equal eighteen columns of the In¬ 
telligencer. Butin the present calculations it is supposed the matter will 
equal forty-eight columns of the Intelligencer. A rateable increase of 
charge for the additional matter would make Mr. Culley’s bid amount to 
about $1000 a week, or $15,000 for a session of fifteen weeks. It is pro¬ 
per for your committee to add, that Mr. Culley insists that under his con¬ 
tract with the Convention, he has a right to print the debates and proceed¬ 
ings as well as the ordinary printing of the Convention. 

All of which is respectfully reported. 

On motion of Mr. Sheffey, 

Ordered, That the report just read be laid upon the table. 

Mr. Sheffey proposed the following resolutions : 

1. Resolved , That Robert H. Gallaher be, and he is hereby appointed 
publisher of the debates and proceedings of the Convention. 

2. The said publisher shall publish, or cause to be published, semi-week¬ 
ly, in the Richmond Whig, Enquirer, Examiner, Times, Republican Advo¬ 
cate, and Republican, or in a Supplement of those papers, the debates and 
proceedings of the Convention, so that the readers of said papers, whether 
they be subscribers to the daily, semi-weekly, or weekly issues, shall have 
distributed to them each week the debates and proceedings of one week. 

3. The compensation to the publisher shall be as follows: $3 25 per 
column for composition of matter equal to a column of the Supplement 
heretofore issued; $4 60 a ream for paper of the size of the Richmond 
Whig, or $4 20 a ream for paper of the size of the Supplement; (only so 
much paper to be paid for as is actually used in printing;) and 62 1-2 cents 
a token for press-work; the accounts to be settled and allowed by the Sec¬ 
retary weekly, and to be verified by the affidavit of the foreman or clerk 
of the publisher. 

4. The said publisher shall also furnish twice each week twenty copies of 

15 


114 


V 

the debates and proceedings to each member, and shall wrap, mail and di¬ 
rect the same according to the instructions of members, at a charge not ex¬ 
ceeding two cents a copy ; and no higher price shall be charged to 
others. 

5. The said publisher shall also furnish six hundred copies of the “ Re¬ 
gister of Debates,” in octavo form, at a price to be fixed by the Conven¬ 
tion, for press-work and paper; no additional charge to be made for com¬ 
position except for corrections ; said Register to be published at sufficient 
intervals, after the publication of the same matter in the newspapers or 
Supplement as aforesaid, to afford an opportunity for the correction of er¬ 
rors therein. One copy of said Register to be delivered as published to 
each member and officer of the Convention ; one bound copy to be furnish¬ 
ed to each member and officer at the close of the session ; and the residue 
of the six hundred copies to be bound and delivered to the Secretary of the 
Commonwealth, subject to tbe order of the General Assembly. The cost 
of binding shall not exceed sixty cents a volume. 

6. That the Secretary take bond with sufficient security from said Ro¬ 
bert II. Gallaber for the faithful performance of the duties prescribed in 
the foregoing resolutions; and that he procure the agreement in writing of 
the proprietors of the papers hereinbefore named, to distribute the debates 
and proceedings in the manner set forth in the second resolution. 

Mr. Taylor moved to lay the resolutions upon the table, and the mo¬ 
tion was rejected. 

The question being upon the first resolution, 

Mr. Wise demanded the main question, and was sustained ; and the Con¬ 
vention agreed to the first resolution—ayes 64, noes 45. 

On motion of Mr. Taylor, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Blue, Brown, 
Burgess, Camden, Caperton, Carlile, Dale Carter, John A. Carter, 
Chambliss, Chapman, Cook, Deneale, Flood, Fulkerson, Fultz, Gaily, 
Hays, Hoge, Hunter, Jacob, Janney, Johnson, Kenney, Kilgore, Knote, 
Letcher, Lionberger, Lucas, McCamant, McComas, Jefferson T. Martin, 
William Martin, Meredith, Moncure, Moore, Murphy, Neeson, Newman, 
Pendleton, Petty, Price, Ridley, Robert G. Scott, Seymour, Shell, Sheffey, 
Benjamin H. Smith, Joseph Smith, William Smith, Snodgrass, Stephenson, 
Summers, Tate, Trigg, Tunis, Van Winkle, Samuel Watts, William Watts, 
Willey, Samuel C. Williams, Wise, Wysor—64. 

JVays —Messrs. Arthur, Banks, Barbour, Beale, Bird, Bland, Bocock, 
Botts, Bowles, Claiborne, Cocke, Conway, Davis, Douglass, Edmunds, 
Floyd, Fuqua, Garland, Muscoe R. H. Garnett, Goode, Hall, Hill, Hop¬ 
kins, Jones, Ligon, Lynch, Randolph, Saunders, Scoggin, Francis W. 
Scott, Robert E. Scott, Sloan. Southall, Stanard, Stewart, Strother, Stuart, 
Taylor, Tredway, Turnbull, Wallace, Whittle, Ira Williams, Wingfield, 
Worsham—45. 

The question being put upon the second resolution proposed by Mr. 
Sheffey, it was adopted—ayes 68, noes 87. 

On motion of Mr. Claiborne, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Bland, Blue, 
Brown, Burgess, Camden, Caperton, Carlile, Dale Carter, John A. Carter, 
Chambliss, Chapman, Cook, Deneale, Floyd, Fulkerson, Fultz, Gaily* 
Hays, Hoge, Hopkins, Hunter, Jacob, Janney, Johnson, Kenney, Kilgore,' 


Knote, Letcher, Lionberger, Lucas, McCamant, McComas, Jefferson T. 
Martin, William Martin, Meredith, Moncure, Moore, Murphy, Neeson, 
Newman, Pendleton,. Price, Ridley, Robert E. 8cott, Robert G. .Scott, 
Seymour, Shell, Sheffey, Benjamin H. Smith, Joseph Smith, William 
Smith, Snodgrass, Southall, Stephenson, Stuart. Summers, Tate, Trigg, 
Tunis, Van Winkle, Samuel Watts, William Watts, Willey, Samuel C. 
Williams, Wise, VV ysor—68. 

Nays —Messrs. Arthur, Banks, Barbour, Beale, Bocock, Bowles, Clai¬ 
borne, Conway, Davis, Douglass, Edmunds, Flood, Fuqua, Garland, Mus- 
coe R. H. Garnett, Goode, Hall, Hill, Jones, Ligon, Lynch. Petty, Ran¬ 
dolph, Saunders, Scoggin, Francis W. Scott, Sloan, Stanard, Stewart, 
Strother, Taylor, Tredway, Turnbull, Wallace, Whittle, Ira Williams, 
Worsham—37. 

The Convention then agreed to the third resolution of the series, and 
also to the fourth resolution, ayes 56, noes 52. 

On motion of Mr. Tredway, the vote on the fourth resolution was re- 
corded as follows: 

Ayes —Messrs. Armstrong, Bird, Bland, Blue, Brown, Burgess, Camden, 
Caperton, Dale Carter, Chapman, Cook, Davis, Deneale, Floyd, Fulkerson, 
Fultz, Gaily, Hays, Iloge, Hopkins, Hunter, Jacob, Johnson, Kilgore, Knote, 
Letcher, Lionberger, Lucas, McCamant, McComas, Jefferson T. Martin 
Meredith, Moore, Murphy, Neeson, Pendleton, Petty, Price, Robert E.’ 
Scott, Robert G. Scott, Seymour, Sheffey, Benjamin H. Smith, Joseph 
Smith, William Smith, Snodgrass, Stephenson, Stuart, Summers, Tate, 
Trigg, Van Winkle, Samuel Watts, Willey, Samuel C. Williams, W r ise, 
Wysor—56. 

JYays —Messrs. Mason, (Pres’t.) Anderson, Arthur, Banks, Barbour, 
Beale, Bocock, Botts, Bowles, John A. Carter, Chambliss, Claiborne, 
Cocke, Conway, Douglass, Edmunds, Flood, Fuqua, Garland, Muscoe R. 
H. Garnett, Goode, Hall, Hill, Janney, Jones, Kenney, Ligon, Lynch, 
W. Martin, Moncure,Newman, Randolph, Ridley, Saunders, Scoggin, Fran¬ 
cis W. Scott, Shell, Sloan, Southall. Stanard, Stewart, Strother, Taylor, 
Tredway, Tunis, Turnbull, Wallace, William Watts, Whittle, Ira Wil¬ 
liams, Wingfield, W orsham—52. 

The question upon the adoption of the 5th and 6th resolutions was then 
submitted to the Convention, and they were respectively agreed to. 

On motion of Mr. Chambliss, 

Resolved , That the Auditor be requested to furnish a detailed statement 
of the counties, cities, and towns, of the Commonwealth, shewing the ag¬ 
gregate expenditures in each, under a resolution passed on the 17th of 
October, 1850. 

Mr. Jacob presented a communication from Mr. Wm. Culley, which, 
on his motion, was laid on the table. 

On motion of Mr. Dale Carter, 

Resolved. That the legislative committee enquire into the expediency 
and propriety of giving the Legislature the power to provide, by law, for 
the compensation of all officers, servants, agents, and public contractors, 
not provided for by the constitution, and of expressly withholding from the 
Legislature the power to grant extra compensation to any officer, servant, 
agent, or public contractor, after such public service shall have been per¬ 
formed, or such public contract entered into, for the performance of the 


116 


same ; and also of withholding from the Legislature the power to grant, by 
appropriation or otherwise, any amount of money out of the treasury ot 
the State, on any claim, real or pretended, where the same shall not have 
been provided for by pre-existing law. 

And also of withholding from the Legislature the power to increase or 
diminish the salaries or fees of any office, employment, agency or trust du¬ 
ring the then existing term of the same. 

Mr. Cocke moved that when the Convention adjourn to-day, it ad¬ 
journ to meet on Saturday next. 

Mr. Sheffey moved to amend the resolution, by striking therefrom the 
word u Saturday,” and inserting in lieu thereof “ Thursday at 2 o’clock,” 
and the amendment being put to the Convention, was rejected. 

The Convention then adopted the resolution of Mr. Cocke. 

On motion of Mr. John A. Carter, the Convention then adjourned. 

Saturday, January 25th, 1851. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Dr. Early, of the Methodist church, the journal of last Monday’s 
proceedings was read. 

The President submitted a communication from the First Auditor, which 
was read as follows: 

Auditor’s Office, ) 
Richmond, January 25th, 1851. \ 

Sir —I have the honor of furnishing you herewith, for the use of the 
Convention, “ a statement shewing the assessed average value of lands per 
acre for the years 1800,1820, 1840, and 1850 ; the value of buildings on 
other than town lots, added to the value of lands in 1820,1840 and 1850, 
in ascertaining the average value thereof, and also the value of buildings on 
town lots in 1820, 1840, and 1850.” 

I have also enclosed to you herewith “a table shewing the aggregate 
amounts expended by the commonwealth, through this office, in each coun¬ 
ty, city and town thereof, during the fiscal year ending on the 30th Sep¬ 
tember, 1850. 

I am, with great respect, your obedient servant, 

RO. JOHNSTON, 

First Auditor. 

Hon. John Y. Mason, President of the Virginia Convention. 

On motion of Mr. Byrd, 

Ordered, That the communication and accompanying documents be laid 
upon the table and printed. 

Mr. Leake proposed the following resolution : 

Resolved , That 1 he Legislature be requested to make an appropriation 
to pay to Poindexter & Kerr, one hundred and fifty-nine dollars and sev¬ 
enty-eight cents, the amount of their carpenters’ work done for the accom¬ 
modation of the Convention. 

On motion of Mr. Martin, of Marshall, 

Ordered, That the said resolution be laid upon the table. 

Mr. Lucas presented a memorial from sundry citizens of the county of 
Jefferson in relation to the removal of free negroes from the common¬ 
wealth ; which, on his motion, was referred to the committee on the Legis¬ 
lative department of the gOvernn^nt. 



117 


Mr. Edmunds, from the committee on the executive department of the 
government, presented the following report, which, on motion of Mr. 
Letcher, w^is laid upon the table and ordered to be printed : 

EXECUTIVE DEPARTMENT. 

ARTICLE I. 

GOVERNOR. 

1. The chief executive power of this Commonwealth shall be vested in 
a Governor. He shall hold his office during the term of four years, to 
commence on the day of next succeeding his election, and he shall 
be ineligible to that office after his second term shall have expired, and to 
any other office during his term of service. 

2. The Governor shall be chosen by the electors of the members of the 
General Assembly at the times and places where they respectively vote for 
members thereof. The returns of every election shall be sealed up and 
transmitted by the proper returning officer to the Secretary of State, who 
shall deliver them to the Speaker of the House of Delegates on the first 
day of the session of the General Assembly, then next to be holden. The 
Speaker of the House of Delegates shall open and publish them, within 
one week thereafter, in the presence of a majority of the Senate and 
House of Delegates. The person having the highest number of votes 
shall be Governor ; but if two or more shall be equal and highest in votes, 
one of them shall be chosen Governor by joint vote of both houses of the 
General Assembly. Contested elections shall be decided by both houses of 
the Legislature, in such manner as may be prescribed by law. 

3. No person shall be eligible to the office of Governor, unless he shall 
have attained the age of thirty years ; shall be a native citizen of the 
United States, and shall have been a citizen of Virginia for five years next 
preceding his election. 

4. The Governor shall reside at the seat of government, and shall receive 
for his services the sum of five thousand dollars for each year of his term, 
and shall net receive, wfithin that period, any other emolument from this or 
any other State or government. 

a. He shall take care that the laws be faithfully executed; shall, from 
time to time, communicate to the Legislature the condition of the Com¬ 
monwealth, and recommend to their consideration such measures as he may 
deem expedient. He shall be commander-in-chief of the land and naval 
forces of the State; shall convene the Legislature on application of a ma¬ 
jority of the members of both houses of the General Assembly, or when, 
in his opinion, the interest of the Commonwealth shall require it. He 
shall have power to embody the militia when, in his opinion, the public 
safety shall require it; to remit fines and penalties under such rules and reg¬ 
ulations as may be prescribed by law; to grant reprieves and pardons, or 
commute the punishment, except when the prosecution shall have been car¬ 
ried on by the House of Delegates, or the law shall otherwise particularly 
direct; to conduct, either in person or in such other manner as shall be 
prescribed by law, all intercourse with other and foreign States ; and, du¬ 
ring the recess of the Legislature, to fill, tempore , all vacancies in those 
offices for which the constitution and laws make no provision: Provided , 
That his appointments to such vacancies shall be by commission, to expire 


m 


at the end of thirty days after the commencement of the session of the Le¬ 
gislature next succeeding the date of such commission. 

6. Commissions and grants shall run in the name of the Commonwealth* 
of Virginia, and bear teste by the Governor, with the seal of the Common¬ 
wealth annexed. 

ARTICLE II. 

LIEUTENANT GOVERNOR. 

1. A Lieutenant Governor shall be chosen at every election for a Gov¬ 
ernor, in the same manner, continue in office for the same time, and possess- 
the same qualifications. 

2. In case of the impeachment of the Governor, his removal from office,, 
death, refusal or inability to qualify, resignation, or absence from the State,, 
the powers and duties of the office shall devolve upon the Lieutenant Go¬ 
vernor, and the Legislature may by law provide for the case of removal r 
death, resignation or inability of both the Governor and Lieutenant Gov¬ 
ernor, declaring what officer shall then act as Governor; and such officer 
shall act accordingly, until the disability be removed, or a Governor shall 
be elected. 

3. The Lieutenant Governor, or other officer discharging the duties of 
Governor, shall, during his administration, receive the same compensation 
to which the Governor would have been entitled, had he continued in of¬ 
fice. 

4. The Lieutenant Governor shall, by virtue of his office, be President 
of the Senate, but shall only have a casting vote therein. Whenever he 
shall administer the government, or shall be unable to attend, as President 
of the Senate, the senators shall elect one of their own members as Presi¬ 
dent of the Senate for the time being. 

5. While he acts as President of the Senate, the Lieutenant Governor 
shall receive for his services, the compensation allowed to the Speaker of 
the House of Delegates. 

ARTICLE III. 

SECRETARY OF STATE, TREASURER & AUDITOR. 

1. A Secretary of the commonwealth shall be chosen at every election 
for a Governor, in the same manner, and continue in office for the same 
time as the Governor. He shall keep a fair record of the official acts of 
the Governor, which shall be attested by the Governor and by the Secreta¬ 
ry. He shall, when required, lay the said record, and all papers, minutes 
and vouchers, relative to his office, before either house of the General As¬ 
sembly, and shall perform such other duties as may be prescribed by law. 

2. A Treasurer and an Auditor of public accounts shall be elected, by 
joint vote of the two houses of the Legislature, who shall hold their 
offices two years, unless sooner removed. The powers and duties of said 
officers shall be such as now are, or may be hereafter prescribed by law'. 

ARTICLE IV. 

BOARD OF PUBLIC WORKS. 

The Legislature shall, at its first session after the adoption of this Con¬ 
stitution, organize a board of public works, to be composed of three com¬ 
missioners, prescribe their duties, and fix their compensation. The said 


119 


commissioners shall be elected by the qualified voters of the State, one of 
whom shall hold his office for two years, one for four years, and one for 
six years. They shall meet at the Capitol on the day of 

next after their election, and decide by lot which shall hold his office for 
two years, which for four years, and which for six years; and there shall 
be elected, biennially thereafter, one commissioner, who shall hold his office 
for six years. All officers acting in behalf of the interest of the State in 
the various public improvements, shall be appointed by said board. 

article v. 

MILITIA. 

All company, battalion, and regimental officers, shall be elected by 
those persons who are subject to military duty, within their respective 
companies, battalions and regiments, and all other militia officers in such 
manner as may be prescribed by law. 

On motion cf Mr. Sheffey, 

Resolved, That the Secretary certify to the First Auditor for payment 
the account of Robert H. Gallaher, publisher, for the work executed up to 
this day. 

On motion of Mr. Byrd, of Frederick, 

Resolved , That the First Auditor be, and he is hereby requested to fur¬ 
nish for the use of the Convention, a table shewing in separate columns the 
free white, free coloured, and slave population of each of the counties, 
cities, and towns in the four great districts of the State, in the years 1830, 
1840, and 1850, and the amount and per centage of increase or decrease in 
-each , between those periods respectively ; and also shewing the aggregate 
amount of taxes payable in each county in the year 1840, and what would 
have been payable in the year 1850, at the same rate of taxation, taxing- 
land according to the value, as ascertained by the recent assessment, to¬ 
gether with the amount and per centage of increase or decrease in the 
taxes, so ascertained, at the two periods aforesaid. 

On motion of Mr. Fulkerson, 

Resolved , That the committee on the Legislative department of the 
government enquire into and report upon the expediency of prohibiting 
Commonwealth’s Attorneys in the county court, from serving as members 
in either house of the General Assembly. 

On motion of Mr. Sheffey, . 

Resolved , That the committee on the Judiciary enquire into the expedi¬ 
ency of providing that no other election shall be held on the day appointed 
for the election of Judicial officers. 

On motion of Mr. Summers, 

Resolved , That the committee on county organization, &c., be instruct¬ 
ed to enquire into the practicability and expediency of re-constructing the 
several counties of the commonwealth so as to make them as nearly uniform 
in territorial extent as may be, having regard to natural boundaries. 

Resolved . That the committee on county organization, &c., enquire into 
the expediency of inserting a clause in the constitution requiring provision 
to be made by law for the registration of births, marriages, and deaths, in 
the several counties, cities and towns within the commonwealth. 






120 


On motion of Mr. Wise, 

Resolved , That the Legislative committee enquire into the expediency 
of inserting the following provision in the constitution : 

Every bill which shall have passed the General Assembly shall, before 
it become a law, be presented to the Governor. If he approve, he shall 
sign it; but if not, he shall, within days, return it with his objections, 
to that house in which it shall have originated, who shall enter the objec¬ 
tions at large on their journal, and proceed to re-consider it. If, after such 
re-consideration, a majority of the whole number of members of that house 
shall agree to pass the bill, it shall be sent, together with the objections, 
to the other house, by which it shall likewise be re-considered, and if ap¬ 
proved by a majority of that house, it shall become a law. But, if any 
bill shall not be returned by the Governor within days (Sundays ex¬ 
cepted) after it shall have been presented to him, or the General Assembly 
shall have been adjourned for days before he returns his objections, the 
same shall be a law in like manner as if he had signed it. 

On motion of Mr. Neeson, the Convention agreed to take up and con¬ 
sider certain resolutions offered by him on the 18th of October last, and 
which were laid upon the table. 

On motion of Mr. Neeson, 

Ordered, That the said resolutions be referred for enquiry and report to 
the committee on the Legislative department of the government. 

On motion of Mr. Neeson, the Convention adjourned. 


Monday, January 27th, 1851. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Dr. Early, of the Methodist church, the journal of Saturday’s pro¬ 
ceedings was read. 

Mr. Hays proposed the following resolution, which, on motion of Mr. 
Sheffey, was laid upon the table: 

Resolved , That the Secretary of the Convention be authorized to certi¬ 
fy for payment the within account in favor of A. H. Thornton, being for 
articles furnished for the use of the Convention, amounting to $49 84. 

On motion of Mr. Sheffey, 

Resolved, That a committee of three members be appointed, whose duty 
it shall be to examine and report upon all accounts for the incidental ex¬ 
penses of the Convention. 

The President subsequently announced the following committee under 
the foregoing resolution: 

Messrs. Muscoe Garnett, Snowden and Meredith. 

On motion of Mr. Botts, 

Resolved, That the committee on the Legislative department of the gov¬ 
ernment be instructed to enquire into the expediency of incorporating in 
the constitution the following provisions: 

There shall be a uniform system of ad valorem taxation on every de¬ 
scription of property, real, personal, and mixed, except such as may be 
specially exempted by a vote of two-thirds of the whole number elected of 
each branch of the Legislature: Provided , That every white male adult 
shall be liable to a tax in a sum not less than cents. 

It shall not be lawful for the Legislature to create a public debt without, 
at the same time, making such an increase in the per centage of taxation 




121 


as will be sufficient to meet the payment of the same, when it becomes 
due. 

No bill making an appropriation, or creating a public debt for a sum ex¬ 
ceeding dollars, shall become a law without the sanction of a majority 
of the whole number elected of each branch of the Legislature. 

On motion of Mr. Dale Carter, 

Resolved , That the committee on county courts enquire into the pro¬ 
priety of withholding from the county courts, overseers of the poor, and 
all other county tribunals, the power to grant extra compensation in any 
case after any public service has been performed, or after any contract en¬ 
tered into for the performance of the same. And also of withholding from 
them the power to grant, by appropriation or otherwise, any amount of 
money, on any claim, real or pretended, where the same shall not have been 
provided for by pre-existing order. And also of withholding from them 
the power to increase or diminish the compensation, fees or allowance of 
any office or employment during the then existing term of the same. 

On motion of Mr. Johnson, the Convention adjourned. 

Tuesday, January 28th, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

Mr. Letcher proposed the following as amendments he designed offer¬ 
ing to the report of the committee on the executive department, which, on 
his motion, was laid upon the table and ordered to be printed : 

Strike out the first section of the first article of the report of the ex¬ 
ecutive committee, and insert the following in lieu thereof, viz: 

Sec. 1. The chief executive power of this commonwealth shall be vest- 

2 ed in a Governor, to be elected by the qualified voters. He shall hold 

3 his office for two years, to commence on the day of next succeeding 

4 his election ; he shall be re-eligible for a second term, and ineligible to 

5 any other office during his term of service. 

Strike out the third section of article first, and insert in lieu thereof 
the following, viz : 

Sec. 3. No person shall be eligible to the office of Governor unless he 

2 shall have attained the age of thirty years; shall be a citizen of the 

3 United States, and shall have been a citizen of this commonwealth for 

4 ten years next preceding his election. 

Strike out the whole of the third article, and insert in lieu thereof the 
following, viz: 

Sec. 1. A Secretary of the commonwealth, Treasurer and Auditor of 

2 Public Accounts shall be chosen at every election for a Governor, in the 

3 same manner, and continue in office for the same time. 

Sec. 2. The Secretary of the commonwealth shall keep a fair record of 

2 the official acts of the Governor, which shall be attested by himself and 

3 the Governor. He shall, when required, lay the said record and all pa- 

4 pers, minutes and vouchers relative to his office, before either house of 

5 the General Assembly ; and shall perform such other duties as may be 

6 prescribed by law. 

Sec. 3. The powers and duties of the Treasurer and Auditor of Public 

2 Accounts respectively shall be such as now are, or may hereafter be pre- 

3 scribed by law. 


16 




122 


Sec. 4. The Secretary of the Commonwealth, Treasurer and Auditor 

2 of Public Accounts may be removed by a concurrent vote of both houses 

3 of the General Assembly. 

Strike out article fifth, and insert in lieu thereof the following, viz : 

All militia officers shall be elected by those persons subject to military 

2 duty within their respective companies, battalions, regiments, brigades, 

3 and divisions, in such mode as shall be prescribed by law. 

Mr. Carlile proposed the following as amendments he designed offer¬ 
ing to the report of the same committee, and on his motion, they were laid 
upon the table and ordered to be printed: 

ARTICLE i. 

1st section, 5th line—After the word “ ineligible,” strike out the words 
2 “ to that office after his second term shall have expired, and.” 

In the 4th section, 3d line—Strike out all after the word u services,” 

2 and insert “ a compensation to be fixed by law, which shall be neither in- 

3 creased nor diminished during his continuance in office.” 

ARTICLE III. 

Strike out 2d section, and insert, “ a Treasurer and Auditor of Public 

2 Accounts shall be chosen by the electors qualified to vote for members of 

3 the General Assembly, at the same time and in the same manner, and hold 

4 their offices for the same term as the Secretary of the Commonwealth. 

5 Their duties shall be prescribed by law. 

On motion of Mr. Sheffey, 

Resolved , That the Secretary settle and certify to the Auditor for pay¬ 
ment the accounts of the public printer ; and that, hereafter, he settle and 
certify said accounts from time to time without further order. 

On motion of Mr. Sheffey, 

Resolved , That the account of A. H. Thornton, for work done for the 
accommodation of the Convention, be referred to the committee on the in¬ 
cidental expenses of the Convention. 

On motion of Mr. Braxton, 

Resolved , That an account of Richard Matthews be certified by the 
Secretary for payment to the Auditor. 

On motion of Mr. R. G. Scott, 

Resolved , That the committee on county courts, county organization 
and county taxation enquire whether any, and if any, what provisions 
should be inserted in the constitution in reference to corporation courts 
corporation organization, and police of towns and cities, with or without a 
corporation court. 

Mr. Jacob submitted a motion that when the Convention adjourn to-day, 
it adjourn to meet hereafter daily at half-past one o^clock i and beinp* nut to 
the Convention, the motion was rejected. S P 

On motion of Mr. Price, the Convention adjourned. 


. Wednesday, January 29th, 1851. 

Ihe Convention met pnrsuant to adjournment, and was opened with 
prayer by the Rev. Dr. Early, of the Methodist church. 

On motion of Mr. Moncure, leave was given to the committee on the 
judiciary department to sit during the sessions of the Convention. 





123 

On motion of Mr. Muscoe Garnett, 

Resolved , That the Secretary of the Convention be directed to certify 
for payment the account of Poindexter & Kerr, amounting to the sum of 
of $159 78, for carpenters’ work done and materials furnished by them in 
fitting up the Universalist church for the use of the Convention. 

On motion of Mr. Muscoe Garnett, the Convention agreed to take 
up and consider the report of the committee on the executive department 
of the government. 

Mr. Muscoe Garnett submitted a motion that the said report be refer¬ 
red to a committee of the whole Convention; pending the consideration of 
which, 

On motion of Mr. Carlile, the Convention adjourned. 

Thursday, January 30th, 1851. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Dr. Early, of the Methodist church, the journal of yesterday’s pro¬ 
ceedings was read. 

The President stated the question to be upon the motion of Mr. Mus¬ 
coe Garnett, to refer the report of the executive committee to a commit¬ 
tee of the whole Convention ; and the question being put to the Conven¬ 
tion, it was adopted. 

Mr. Muscoe Garnett moved that the Convention resolve itself into 
committee of the whole for the purpose of considering the report of the 
executive committee. 

On motion of Mr. Stanard, the said motion was laid upon the table. 

Mr. Strother submitted a motion that when the Convention adjourn 
to-day, it adjourn to meet on Monday next; and the question being put to 
the Convention, was decided in the negative—ayes 51, noes 69. 

On motion of Mr. Hopkins, the vote was recorded as follows: 

Ayes —Messrs. Anderson, Armstrong, Bird, Bland, Blue, Burgess, Cam¬ 
den, Caperton, Carlile, Dale Carter, John A. Carter, Chambers, Chapman, 
Chilton, Cocke, Conway, Cook, Faulkner, Fisher, Floyd, Fulkerson, 
Fultz, Gaily, Garland, Hoge, Janney, Johnson, Kilgore, Jefferson T. Mar¬ 
tin, Miller, Murphy, Neeson, Pendleton, Seymour, Sheffey, Sloan, Benja¬ 
min H. Smith, James Smith, Joseph Smith, William Smith, Snodgrass, 
Southall, Stephenson, Stewart, Strother, Tate, Van Winkle, White, Whit¬ 
tle, Ira Williams and Samuel C. Williams—51 

Nays —Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Beale, Bo- 
cock, Botts, Bowles, Braxton, Byrd, Chambliss, Cox, Davis, Dauglas, Ed¬ 
munds, Edwards, Finney, Flood, Fuqua, Muscoe R. II. Garnett, Muscoe 
Garnett, Goode, Hall, Hill, Hopkins, Hunter, Jones, Kenney, Knote, 
Leake, Lionberger, Lucas, Lynch, McCamant, McCandlish, McComas, 
William Martin, Meredith, Moncure, Moore, Morris, Newman, Price, Rid¬ 
ley, Rives, Saunders, Scoggin, Francis W. Scott, Robert G. Scott, Shell, 
Arthur R. Smith, Snowden, Stanard, Straughan, Stuart, Summers, Taylor, 
Tredway, Trigg, Tunis, Turnbull, Wallace, Samuel Watts, Wm. Watts, 
Willey, Wingfield, Wise, Worsham and Wysor—69. 

Mr! Stanard offered the following resolution, which, on his motion, 
was laid upon the table : 

Resolved , That the Auditor of Public Accounts be requested to prepare 
for the use of the Convention a table of taxation similar to that prepared 



124 


by him and furnished to the Convention on Saturday last, except only as to 
the taxes on lots and lands embraced therein ; in lieu of which, he shall 
substitute the taxes on lots and lands that would be payable at the present 
rate of taxation under the assessment of 1850. 

On motion of Mr. McCamant, the Convention adjourned. 


Friday, January 31st, 1851. 

The Convention met pursuant to adjournment, and was opened by 
prayer by the Rev. Dr. Early, of the Methodist church. 

On motion of Mr. Stanard, the Convention agreed to take up and con¬ 
sider a resolution offered by him on yesterday, which was laid upon the 
table. 

By leave of the Convention, Mr. Stanard modified his resolution, and, 
as modified, it was agreed to, as follows: 

Resolved, That the Auditor of public accounts be requested to prepare, 
for the use of the Convention, a table containing a recapitulation of the 
subjects and rate of taxation similar to that prepared by him and furnished 
to the Convention on Saturday last, except only as to the taxes on lots and 
lands embraced therein; in lieu of which he shall substitute the taxes on 
lots and lands that would be payable at the present rate of taxation under 
the assessment of 1850. 

On motion of Mr. Muscoe Garnett, the Convention agreed to resolve 
itself into a committee of the whole Convention, for the purpose of consid¬ 
ering the report of the committee on the Executive Department of the Go¬ 
vernment, and the President called Mr. Watts, of Norfolk county, to the 
Chair. 

After some time passed in committee of the whole, the President re¬ 
sumed the Chair, and Mr. Watts reported that the committee had hadi 
the subject submitted to them under consideration, and had made progress 
therein; but had come to no conclusion thereon, and asked leave to sit again, 
which was granted. 

On motion of Mr. Sheffey, the Convention adjourned. 


Saturday, February 1, 1S51. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Early, of the Methodist church. 

On motion of Mr. Braxton, 

Resolved , That Alfred L. Thornton be allowed two dollars per day, for 
attending to the Convention, and the building in which it holds its ses¬ 
sions. 

On motion of Mr. Straughan, the Convention resolved itself into a com¬ 
mittee of the whole, to consider the report of the committee on the Execu¬ 
tive Department of the government—Mr. Watts, of Norfolk county, in the 
Chair. 

After some time spent in committee of the whole, the President re¬ 
sumed the Chair, and Mr. Watts reported that the committee had made 
progress in the matters referred to them, but had come to no conclusion 
thereon, and asked leave to sit again, which was granted. 

On motion of Mr. Deneale, the Convention adjourned. 




125 


Monday, February 3, 1851. 

The Convention met pursuant to adjournment and was opened with 
prayer by the Rev. Mr. Howell, of the Baptist church. 

Mr. Pendleton submitted the proceedings of a public meeting of citi¬ 
zens of Giles county upon the subject of the basis of representation, which, 
on his motion, was referred to the committee on the basis of representa¬ 
tion. 

On motion of Mr. Claiborne, 

Resolved, That when the Convention adjourn to-day, it will adjourn to 
meet daily hereafter at 12 o’clock. 

Mr. Botts, from the committee to whom was referred the bill of rights, 
presented the following report: 

The committee to whom was referred the bill of rights, and such parts of 
the Constitution as are not referred to any other of the standing commit¬ 
tees of the Convention, have had the subjects to them referred, under their 
consideration, and have, in part performance of the duties devolved on 
them, agreed to recommend to the Convention the adoption of the follow¬ 
ing amendments to the bill of rights. 

1st. To strike out the first two lines, and part of the third, down to the 
word “ first” inclusive, of the fifth article, and insert, 

“ That the Legislative, Executive and Judicial powers of the state should 
be separate and distinct, and that the members thereof,” so as to make it 
read, 

“ That the Legislative, Executive and Judicial powers of the state should 
be separate and distinct; and that the members thereof may be restrained 
tfrom oppression, by feeling and participating the burdens of the people, 
they should, at fixed periods,” &c : 

2d. Strikeout the first and part of the second line in the sixth article, 
-down to the word “ Assembly” inclusive, and insert, 

“ That all elections,” so as to make it read, “ That all elections ought to 
be free.” 

Mr. Bqtts also presented the following report from the same com¬ 
mittee : 

The committee to whom was referred the bill of rights, and all such 
parts of the Constitution as had not been otherwise referred, in further 
performance of their duties, have agreed to report in part a recommendation 
that the following provision be incorporated in the Constitution: 

“ That in all criminal prosecutions and in all controversies respecting 
property, and in all suits between man and man, where the subject im con¬ 
troversy shall exceed the sum of twenty dollars, the trial by jury of 12 
men shall be held sacred and inviolable.” 

On motion of Mr. Botts, 

Ordered , That the two foregoing reports be laid upon the table, and 
printed. 

On motion of Mr. Botts, the same committee was discharged from 
the further consideration of a resolution submitted to them on the motion of 
Mr. Douglas, on the 14th of January, in relation to the Mattaponi and 
Pamunkey Indians ; and also from the petition of mechanics of Hancock 
county, in relation to mechanics’ liens. 

On farther motion of Mr. Botts, the Convention resolved itself into a 
committee of the whole Convention—Mr. Watts, of Norfolk county, in 


126 


the chair, for the purpose of considering the report of the committee on the 
Executive department of the government. 

After passing some time therein, the President resumed the Chair, and 
Mr. Watts reported that the committee had risen. 

On motion of Mr. Whittle, the Convention adjourned. 


Tuesday, February 4, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Howell, of the Baptist church. 

Mr. Johnson, from the committee on the right of suffrage and qualifica¬ 
tions of persons to be elected, &c. submitted a report from that committee, 
which on his motion was ordered to be laid upon the table and printed. 

Mr. Blue presented certain amendments, which he intended offering to 
the report of the said committee, which, on his motion, were laid upon the 
table and ordered to be printed. 

Mr. Muscoe Garnett, from the committee on accounts, presented the 
following resolution, which was adopted : 

Resolved , That the Secretary of the Convention certify for payment the 
following accounts, for work done, and for furniture and other articles, 
furnished in fitting up the Universalist church for the use of the Conven¬ 
tion—viz: 

Charles D. Yale, for 1 large size hot air furnace - - $180 00 

Christian & Lathrop for carpeting, &c. - 137 79 

Alfred L. Thornton for coal, &c. ----- 49 84 

Habbliston & Brother for chairs and tables 42 00 

Wm. Booth for chair for President, table, &c. - - - 47 00 

J. F. & L. L. Barnes for iron railing - 10 00 

Wm. Nott for painting - 5 00 

Mr. Trigg read certain amendments which he designed offering to the 
report of the committee on the Executive department of the government, 
-which on his motion were ordered to be laid upon the table and printed. 

On motion of Mr. Turnbull, the Convention resolved itself into a com¬ 
mittee of the whole Convention, to consider the report of the Executive 
committee, and the President called Mr. Watts, of Norfolk county, to 
the Chair. 

After some time passed in committee of the whole, the Presidesnt re¬ 
sumed the Chair, and Mr. Watts reported that the committee had rien. 

On motion of Mr. Scott, of Caroline, the Convention adjourned. 


Wednesday-, February 5, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Manly of the Baptist Church. 

On motion of Mr. Blue, the convention resolved itself into a com¬ 
mittee of the whole convention, to take into consideration the report of 
the executive committee, and the President called Mr. Watts of Nor¬ 
folk county to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Watts reported that the committee had 

risen. 

On motion of Mr. Tredway, the convention adjourned. 




12T 


Thursday, February 6, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Manly of the Baptist Church. 

On motion of Mr. McCamant, 

Resolved , That one copy of the Register of the debates and pro¬ 
ceedings of the convention be delivered as published to the governor 
of this commonwealth, and also a copy to the executive council, to be 
deducted from the residue, after furnishing the members and officers of 
the convention. 

Mr. Fulkerson offered the following resolution: 

Resolved ’, That the 5th rule of the rules and regulations of the con¬ 
vention, be adopted, to govern the committee of the whole. 

The question being upon the adoption of the foregoing resolution, 
and being put to the convention, it appeared that a quorum of mem¬ 
bers was not present. Afterwards, 

On motion of Mr. Claiborne, the resolution was laid upon the 
table. 

On motion of Mr. Martin of Marshall, the convention resolved it¬ 
self into a committee of the whole convention, to take into considera¬ 
tion the report of the executive committee,—and the President called 
-Mr. Watts nf Norfolk county to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Watts reported that the committee had 
risen. 

Mr. Summers, from the committee on the basis of representation, &c., 
submitted a report, which, on motion of Mr. Snowden was, with the 
accompanying documents, ordered to be laid upon the table and 
printed. 

Mr. Martin of Marshall, submitted a motion, that five hundred ex¬ 
tra copies of the foregoing report be printed for the use of the conven¬ 
tion, and the motion was decided in the negative. 

On motion of Mr. Taylor, the convention adjourned. 

Friday, February 7, 1851. 

The convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Kingsford of the Baptist Church. 

Mr. Smith of Greenbrier, from the committee on education and pub¬ 
lic instruction, presented a report, which, on his motion was ordered to 
be laid upon the table and printed. 

Mr. Muscoe Garnett submitted a substitute, which he designed 
offering to the report just made, which on his motion, was laid upon 
the table and ordered to be printed. 

Mr. Moncure, from the committee on the judiciary department of 
the government, submitted a report, which, on his motion was laid 
upon the table and printed. 

Mr. Hoge, Mr. Bowden, and Mr. Chambliss, each submitted 
amendments which they designed offering to the said report, which 
were respectively ordered to be laid upon the table and printed. 

On motion of Mr. Fulkerson, the convention agreed to take up and 
consider a resolution offered by him yesterday and laid upon the table. 

Mr. Wise moved to amend the said resolution by substituting there¬ 
for the following: 



128 


Resolved , That so much of the 5th rule of the rules and regulations 
of the convention as prescribes that no member shall speak more than 
once on the same question, until every other member intending to 
speak, shall have spoken, be adopted to govern the committee of the 
whole. 

The question upon the said amendment being put to the convention, 
was decided in the affirmative. 

The amendment as amended was then adopted.—Ayes 80, noes 26. 

On motion of Mr. Fulkerson, the vote was recorded as follows: 

Ayes —Messrs. J. Y. Mason, (Preset,) Arthur, Banks, Barbour, Beale, 
Bird of Shenandoah, Bland, Blue, Bocock, Botts, Bowles, Caperton, 
Carlile, Carter of Loudoun, Chambers, Chambliss, Chapman, Chilton, 
Cocke, Conway, Cox, Davis, Douglass, Edwards, Faulkner, Flood, 
Floyd, Fulkerson, Fultz, Fuqua, Garland, Muscoe R. H. Garnett, 
Muscoe Garnett, Goode, Hall, Hill, Hoge, Hopkins of Powhatan, 
Hunter, Janney, Jones, Kenney, Kilgore, Leake, Ligon, Lionber- 
ger, Lynch, McCamant, McCandlish, McComas, Martin of Henry, 
Moncure, Moore, Morris, Neeson, Pendleton, Price, Saunders, Scog- 
gin, Scott of Caroline, Seymour, Shell, Sheffey, Smith of Norfolk 
county, Smith of King& Q,ueen, Smith of Greenbrier, Southall, Stew¬ 
art of Morgan, Straughan, Stuart of Patrick, Summers, Taylor, Trigg, 
Turnbull, Wallace, Watts of Norfolk county, Watts ot Roanoke, White, 
Whittle, Williams of Shenandoah, Wise, Wysor.—Ayes 80. 

]\ T oes —Messrs. Armstrong, Bowden, Braxton, Brown, Burgess, Clai¬ 
borne, Edmunds, Gaily, Jacob, Letcher, Lucas, Martin of Marshall, 
Meredith, Miller, Newman, Purkins, Rives, Scott of Richmond city, 
Sloan, Stephenson, Tredway, Tunis, Willey, Williams of Fairfax, 
Wingfield.—Noes 26. 

On motion of Mr. Stuart of Patrick, the convention resolved itself 
into a committee of the whole convention, and the President called 
Mr. Watts of Norfolk county to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Watts reported that the committee had 
risen without coming to any conclusion upon the subjects referred to 
them. 

On motion of Mr. Hall the convention adjourned. 

Saturday, February 8, 1851. 

The convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Kingsford of the Baptist Church. 

On motion of Mr. Scoggin, 

Ordered , That when the convention adjourned to-day it adjourn to 
meet hereafter, daily at eleven o’clock. 

Mr. Scott of Richmond city, from the committee on county courts, 
county organization, &c., presented a report upon certain resolutions 
referred to said committee, in relation to the reconstruction of the coun¬ 
ties of the commonwealth,—the registration of births, marriages, and 
deaths,—and of laying constitutional restrictions upon county courts, 
overseers of the poor, and other county officers in granting extra com¬ 
pensation for services in certain cases. 

On motion of Mr. Scott, the said report was ordered to be laid upon 
the table. 



129 


Mr. Scott from Richmond city, from the same committee presented 
a farther report, which on his motion, was laid upon the table and or¬ 
dered to be printed. 

Mr. Woolfolk presented the following resolution: 

Resolved , That all debate on the amendments pending in the com¬ 
mittee of the whole to the first section of the first article in the report 
of the committee on the executive department, shall cease at 2 o’clock 
to-day. 

On motion of Mr. Martin of Henry, the resolution was laid upon 
the table—Ayes 63, noes 23. 

On motion of Mr. Woolfolk the vote was recorded as follows: 

Ayes —Messrs. John Y. Mason, (Preset,) Armstrong, Beale, Bird of 
Shenandoah, Bland, Blue, Bocock, Botts, Bowden, Brown, Burgess, 
Carter of Loudoun, Chambliss, Chapman, Chilton, Davis, Fisher, 
Fulkerson, Fultz, Fuqua, Gaily, Garland, Muscoe Garnett, Hall, 
Hill, Hoge, Jacob, Janney, Jones, Knote, Leake, Letcher, Lucas, 
McComas, Martin of Marshall, Martin of Henry, Meredit h ,Miller, 
Morris, Neeson, Pendleton, Petty, Price, Randolph, Ridley, Rives, 
Saunders, Scoggin, Scott of Caroline, Shell, Smith of Kanawha, 
Smith of Jackson, Smith of Greenbrier, Stephenson, Stewart of Mor¬ 
gan, Straughan, Summers, Trigg, Tunis, Turnbull, Watts of Norfolk 
county, Willey, Wise, Wysor—Ayes 63. 

Noes —Messrs. Banks, Bowles, Chambers, Conway, Douglas, Ed¬ 
munds, Flood, Hunter, Kenney, Kilgore, Ligon, Lionberger, Lynch, 
Murphy, Newman, Scott of Richmond city, Snowden, Southall, Stuart 
of Patrick, Taylor, Tredway, Wingfield, Woolfolk—Noes 23. 

Mr. Fultz, Mr. Willey and Mr. Hunter, each submitted amend¬ 
ments, which they designed offering to the report of the committee on 
county courts, &c., and which were respectively, on their motion, or¬ 
dered to be laid upon the table and printed. 

Mr. Armstrong presented a copy of the proceedings of a public 
meeting of citizens of Taylor county, in relation to the organic law 
of the commonwealth, and the basis of representation, which on his 
motion was laid upon the table. 

Mr. Goode, from the committee on the legislative department of the 
government presented a report, which, on his motion was laid upon 
the table and printed. 

Mr. Carter of Loudoun, presented an amendment which he de¬ 
signed offering to the said report, which was likewise ordered to be laid 
upon the table and printed. 

On motion of Mr. Conway, the convention resolved itself into com¬ 
mittee of the whole to take into consideration the report of the com¬ 
mittee on the executive department of the government, and Mr. Watts 
of Norfolk county, was called to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Watts reported that the committee had 
come to no conclusion upon the matters referred to them, and had 
risen. 

On motion of Mr. Jacob the convention adjourned. 

Monday, February 10, 1851. 

The Convention met pursuant to adjournment, and the journal of 
Saturday’s proceedings was read and approved. 17 



130 


Mr. Goode presented certain amendments which he designed offer¬ 
ing to the report of the committee on the legislative department of the 
government, which, on his motion were ordered to be laid upon the 
table and printed. 

Mr. Goode, from the committee on the legislative department asked 
that the said committee be discharged faom the farther consideration of 
memorials of citizens of Jefferson and Rockbridge counties, praying 
“ the removal of free negroes from the commonwealth,” and from the 
following resolutions, viz: 

Resolutions offered by Mr. Whittle, Mr. Botts, and Mr. Lyons, re¬ 
spectively, on the 29th of October, relating “ to the removal of free 
negroes and mulattoes;” Resolutions offered by Mr. Camden and Mr. 
Strailghan, respectively, on the 28th of October, in relation to u the 
jurisdiction of the senate, the term of the senatorial tenure and the 
times of meeting of the senate;” 

A resolution of Mr. Garble, offered on the 28th of October, in rela¬ 
tion to “ the formation of new counties, and of taking the census of 
the state in 1855, and every ten years thereafter;” 

A resolution of Mr. Johnson, offered on the 28th of October, in re¬ 
lation to u the organization of a board of public works;” 

And a resolution offered by Mr. Muscoe Garnett on the 30th of Oc¬ 
tober, in relation to “ lucrative offices, ministers of the gospel and 
priests.” 

The question being put, the convention agreed to discharge the 
committee from the further consideration of the foregoing memorials 
and resolutions. 

On motion of Mr. Blue, the convention resolved itself into a com¬ 
mittee of the whole convention to consider the report of the executive 
committee, and the President called Mr. Watts of Norfolk county to 
the chair. 

After some time passed therein, the President resumed the chair, 
and Mr. Watts reported, that the committee had risen without com¬ 
ing to any conclusion upon the matters referred to them. 

Mr. Muscoe Garne tt proposed the following resolution: 

Resolved , That the convention will not object to any arrangement 
which the owners of this house shall make with Mr. Vandenhoff for 
its use; provided , that the arrangements for the accommodation of the 
convention are in nowise interferred with. 

The question being put to the convention, it appeared that a quo¬ 
rum of members was not present; when 

On motion of Mr. Taylor the convention adjourned. 


Tuesday, February lltli, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer hy the Rev. Dr. Etnpie, of the Episcopal church. 

The President announced the unfinished business to be the question 
upon the resolution offered on yesterday by Mr. Muscoe Garnett. 

The question being put to the Convention, the resolution was adorn¬ 
ed. 

Mr- Goode, from the committee on the legislative department, pro- 



131 


sented reports upon the following resolutions referred to that committee, 
which, on his motion, were ordered to be laid upon the table : 

A resolution of Mr. Floyd, adopted on the second day of November, 
in relation to “ taxing the goods, wares, and merchandize of the non- 
slaveholding States;” A resolution of Mr. Hays, adopted on the Sih of 
January, in relation to “a restriction of the process of ca sa-” A reso¬ 
lution proposed by Mr. Camden, and adopted on the 10th of January, 
in relation to securing “ a preference to bill-holders of insolvent banking 
associations;” And a resolution of Mr. Botts, adopted on the 17th of 
January, in relation to “ the abolition of capital punishment and im¬ 
prisonment for debt.” 

On motion of Mr. Wise, the said reports were ordered to be printed. 
On motion of Mr. Summers, the Convention agreed to take up and 
consider the report of the committee on the basis of representation, &c. 
On further motion of Mr. Summers, 

Ordered, That the said report be referred to a committee of the whole 
Convention. 

Mr. Wise, from the committee on Western Land Titles, &c., present¬ 
ed a report, which, on his motion, was ordered to be laid upon the table 
and printed. 

On motion of Mr. Taylor, the Convention resolved itself into a com¬ 
mittee of the whole Convention, for the purpose of considering the re¬ 
port of the executive committee, and the President called Mr. Watts, 
of Norfolk county, to the chair. 

After sometime passed in committee of the whole, the President re¬ 
sumed the chair, and Mr. Watts reported that the committee had risen, 
without coming to any conclusion upon the matters referred to them. 
On motion of Mr. Stewart, of Morgan, the Convention adjourned. 

Wednesday, February 12th, 1851. 
The Convention met pursuant to adjournment, and after prayer by 
the ilev. Dr. Jones, of the Episcopal church, the journal of yesterday 
was read and approved. 

On motion of Mr. Johnson, the Convention agreed to take up and 
consider the report of the committee on the right of suffrage and quali¬ 
fications of persons to be elected, &c. 

On farther motion of Mr. Johnson, the said report was ordered to be 
referred to a committee of the whole Convention. 

Mr. Goode, from the committee on the legislative department of the 
government, presented a report upon a resolution adopted on motion of 
Mr. Brown, in relation to 11 prohibiting the legislature from abolishing 
or impairing the rights of property and a resolution adopted on mo¬ 
tion of Mr. McCamant, on the 30th of October, “ in relation to the pub¬ 
lication and circulation of the laws.” 

On motion of Mr. Goode, the said reports were ordered to be laid 
upon the table and printed. 

Mr. Goode asked that the same committee be discharged from the 
further consideration of the following resolutions: A resolution adopt¬ 
ed on the motion of Mr. Wise, on the 30th of October, in relation 11 to 
limiting the Legislature in appropriations to works of internal improve¬ 
ment, and classifying said works;” A resolution adopted on the L7th of 


4 



132 


January*, upon motion of Mr. Wise, in reference to the same subjects; 
and a resolution adopted on the 25th of January, on the motion of Mr. 
Wise, in relation to providing for u an executive veto.” 

The question being upon discharging the committee from the farther 
consideration of the said resolutions, 

On motion of Mr. Wise, they were ordered to be laid upon the table 
and printed. 

Mr. Straughan proposed the following resolution : 

j Resolved, That the debate in committee of the whole, on the pending: 
amendments to the report of the executive committee / be concluded to¬ 
day at half-past two o’clock. 

On motion of Mr. Wise, the said resolution was ordered to be laid 
upon the table. 

On motion of Mr. Moncure, the Convention agreed to take up and 
consider the report of the committee on the Judiciary department of 
the governent. 

On farther motion of Mr. Moncure, the said report was ordered to 
be referred to a committee of the whole Convention. 

On motion of Mr. Hall, the Convention resolved itself into a com¬ 
mittee of the whole Convention for the purpose of considering the re¬ 
port of the executive committee, and the President called Mr. Watts, 
of Norfolk county, to the chair. 

After some time passed in committee of the whole, the President re¬ 
sumed the chair, and Mr. Watts reported that the committee had risen 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Scott, of Richmond city, the Convention agreed 
to take up and consider the report of the committee on County Courts, 
County Organization, &c. 

On farther motion of Mr. Scott, 

Ordered, That the said report be referred to a committee of the whole 
Convention. 

On motion of Mr. Scott, of Richmond city, the-Convention adjourn¬ 
ed. 


Thursday, February 13th, 1851. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Mr. Kepler, of the Episcopal church, the journal of yesterday’s pro¬ 
ceedings was read and approved. 

Mr. Goode moved that the committee on the Legislative department of 
the government be discharged from the further consideration of the follow- 
lowing resolutions, viz: 

A resolution adopted on motion of Mr. McCamant, relating “ to the re¬ 
gistration of all the qualified voters of the commonwealth;” A resolution 
of Mr. Botts, adopted on the 28th of October, in relation to “ a uniform 
system of taxation upon the ad valorem principle;” A resolution adopt¬ 
ed on motion of Mr. Carlile, on the 28th of October, in relation to u re¬ 
strictions upon the Legislature in the appropriating of the publie money y 
and pledging the faith of the State ; and providing that bills might be 
originated in either house of the General Assembly;” Resolutions pro¬ 
posed by Mr. Brown, and adopted on the 28th of October, in relation to 



133 


“ the rights of individuals in their property; a uniform system of taxation; 
to restricting the Legislature in the appropriating and borrowing of mo¬ 
ney, and pledging the faith of the State ; and in relation to a uniform sys¬ 
tem of banking laws;” A resolution adopted on the 29th of October, on 
motion of Mr. Martin, of Marshall, in relation to u the most equitable 
principle of taxation, and restricting the Legislature in their appropriating 
power;” A resolution of Mr. Fultz, adopted on the 6th of November, 
in relation “ to providing that a majority of all the members of the Gene¬ 
ral Assembly be necessary to pass a bill into a law; and that the faith of 
the State shall not be given ;” a resolution of Mr. Riley, adopted on 
the 9th of January in relation u to providing that every law shall em¬ 
brace only one subject, and that no law shall be amended by reference I 
to its title.” Resolutions of Mr. Randolph, adopted on the 14th of 
January and relating to u the public debt, and a sinking fund; and of 
the appropriation of the public money, and pledging the faith of the 
State;” a resolution adopted on motion of Mr. Goode, on the 15th of 
January, providing for a division of the two houses of the Legislature 
into chambers, and the manner in which the votes shall be taken in 
certain cases;” a resolution of Mr. McComas, adopted on the 16th of 
January u restraining the Legislature from passing any law impairing 
the remedies for enforcing contracts, or collecting debts;” resolutions 
of Mr. Letcher in relation to u a commission for the settlement of pri¬ 
vate claims; restricting the Legislature in granting divorces, and in 
making allowance to the owners of convict slaves;” a resolution of 
Mr. Wise, adopted on the 17th of January, in relation “ to State loans, 
appropriations of money for works of internal improvement and to a 
tax, in the nature of a premium of mutual assurance;” a resolution of 
Mr. Muscoe Garnett, adopted on the 18th of January, in relation to 
“ the abolition of imprisonment for debt;” a resolution of Mr. Trigg, 
adopted on the 20th of January, in relation “ to an annual appropriation 
for the payment of the state debt;” a resolution of Mr. Dale Carter, 
adopted on the 20th of January, “ giving power to the Legislature to 
provide for the compensation of officers, &c. not provided for by the 
Constitution, and of prohibiting the Legislature from granting extra 
compensation in certain cases, and also of increasing or diminishing 
the salaries of officers during their term of office;” a resolution of Mr. 
Fulkerson, adopted on the 25th of January, in relation to “ common¬ 
wealth’s attorney’s in the county courts serving in the Legislature;” a 
resolution of Mr. Neeson, adopted on the 25th of January, in relation 
to “ capitation taxes, and taxes upon property;” and resolutions of 
Mr Botts, in relation “to ad valorem taxation and the appropriation of 
money, and the creation of debt by the Legislature. 

The question being upon discharging the committee on the Legisla¬ 
tive department from the farther consideration of the foregoing resolu¬ 
tions, it was decided in the affirmative. 

On motion of Mr. Goode the said resolutions were then ordered to 

be laid upon the table. 

Mr. Summers proposed the following resolution : 

Resolved , That the Convention will, on Monday next, the 17th inst., 
and daily thereafter until it be otherwise ordered, resolve itself into a 


134 


committee of the whole house, for the purpose of considering the report 
on the Basis, and apportionment of representation, and such amendments 
as may be offered thereto. 

Mr. Muscoe Garnett moved to amend the resolution by striking 
therefrom the words u Monday next,” and insert in lieu thereof u to¬ 
morrow.” 

Mr. Straughan moved to lay the resolution said amendment upon 
the table, and the motion was rejected. 

The amendment of Mr. Muscoe Garnett was then rejected, and* 
the resolution of Mr. Summers adopted. 

On motion of Mr. Shefeey the Convention resolved itself into a 
committee of the whole Convention, for the purpose of considering the 
report of the executive committee ; and the President called Mr~ 
Watts, of Norfolk county, to the chair. 

After some time passed in committee of the whole the President re¬ 
sumed the chair, and Mr. Watts reported that the committee had risen, 
having made progress in the matters referred to them, but having come 
to no conclusion. 

On motion of Mr. Straughan the Convention adjourned. 

Friday, February 14, 1851. 

The Convention met pursuant to adjournment and was opened with- 
prayer by the Rev. Mr. Kepler of the Episcopal church, after which 
the journal of yesterday’s proceedings was read and approved. 

On motion of Mr. Whittle the Convention resolved itself into a 
committee of the whole Convention, for the purpose of considering the 
report of the executive committee, and the President called Mr. 
Watts of Norfolk county to the chair. 

After some time passed in committee of the whole the president re¬ 
sumed the chair, and Mr. Watts reported that the committee had 
risen, having come to no conclusion upon the matter referred to them, 
but having made progress therein. 

On motion of Mr. Byrd, of Frederick, the Convention adjourned.. 

Saturday, February 15, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Woodbridge of the Episcopal church, the journal of yes¬ 
terday’s proceedings was read.. 

Mr. Davis presented a substitute, which he designed offering to the 
report of the committee on the right of suffrage and qualifications of 
persons to be elected, and which, on his motion, was laid upon the ta¬ 
ble and ordered to be printed. 

Mr. Scott of Fauquier, presented a substitute he designed offering 
to the report of the committee on the basis of representation, &c., which 
on his motion, was ordered to be referred to a committee of the whole 
Convention, and also that it be printed. 

On motion of Mr. Fultz the Convention resolved itself into a com¬ 
mittee of the whole Convention, to take into consideration the report of 
the committee on the executive department, and the President called 
Mr. Watts, of Norfolk county, to the chair. 

After some time spent in committee the President resumed the chair. 




135 


and Mr. Watts reported that the committee had risen, having come to 
no conclusion upon the matters referred to them. 

On motion of Mr. Smith of Greenbrier, the Convention agreed to 
take up and consider the report of the committee on education. 

On further motion of Mr. Smith, the said report was ordered to be 
referred to a committee of the whole Convention. 

On motion of Mr. Johnson the Convention adjourned. 


Monday, February IT, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Taylor of the Presbyterian church, the journal of Satur¬ 
day’s proceedings was read and approved. 

The President submitted a communication from Robert Johnston 
Esq., first auditor, which was read as follows : 

Auditor’s Office, ) 

Richmond , Feb. 15, 1851. j 

Sir:— Herewith 1 have the honor of sending to you, for the use of 
the State Convention, u a table showing the number of free white per¬ 
sons over the age of twenty years in the several counties, cities, towns 
and grand divisions of the State of Virginia who cannot read and 
write also “ a table showing the number of free white, free colored 
and slave titheables in the several counties, cities, towns and grand di¬ 
visions of the State of Virginia, in the years 1830, 1840 and 1850.” 

I also send you (e a table showing the free white, free colored and 
slave population, distinguished in each of the counties, cities, towns 
and grand divisions of the commonwealth of Virginia, in the years 
1830, 1840 and 1850, and the amount and per cent of increase or de¬ 
crease in each county, city, town and division aforesaid of each class of 
population aforesaid between the periods aforesaid.” Also “a table 
showing the aggregate amount of taxes assessed in each county, city, 
town and grand division in the State of Virginia, in the years 1840 
and 1850, substituting, however, in 1850 the estimated tax on lots and 
lands in 1851 at the present rate of taxation, under the late assessment, 
lor the actual tax of 1850, under a former assessment; together with 
the amount and per cent of increase or decrease of taxes, so ascertained, 
between the periods aforesaid.” 

1 have the honor to be, 

with great respect, 

your ob’t. serv’t. 

ROBERT JOHNSTON, 

First Auditor. 

To the Hon. John Y. Mason, Pres’t of the Va. State Convention. 

On motion of Mr. Johnson the foregoing communication, together 
with the accompanying documents, were ordered to be laid upon the 
table and printed. 

Mr. Johnson submitted a motion that there be two thousand extra 
copies of the foregoing documents printed for the use of the Conven¬ 
tion, which motion being put to the Convention was rejected. 

On motnn of Mr. Goode the Convention agreed to take lip and con- 



136 


sider the report of the committee on the legislative department of the 
government. 

On further motion of Mr. Goode the said report was ordered to be 
referred to a committee of the whole Convention. 

Mr. Edwards submitted amendments which he designed offering 
to the report of the committee on the right of suffrage, &c., which, on 
his motion, were ordered to be laid upon the table and printed. 

On motion of Mr. Summers the Convention agreed to resolve itself 
into a committee of the whole Convention, for the purpose of consider¬ 
ing the report of the committee on the basis of representation, &c. 
Ayes 80, noes 32. 

On motion of Mr. Summers the vote was recorded as follows : 

Ayes. —Messrs. John Y. Mason, (President,) Anderson, Arm¬ 
strong, Arthur, Banks, Barbour, Beale, Mark Bird, Bland, Bocock, 
Brown, Richard E. Byrd, Camden, Caperton, Carlisle, John A. Car¬ 
ter, Chapman, Claiborne, Cook, Cox, Deneale, Edwards, Faulkner, 
Fisher, Floyd, Fulkerson, Fultz, Gaily, Muscoe R. H. Garnet, Hays, 
Hill, Hoge, Hunter, Jacob, Johnson, Jones, Kenney, Kilgore, Knote, 
Letcher, Ligon, Lionberger, Lucas, McCamant, McCandlish, McCo- 
mas, J. T. Martin, William Martin, Meredith, Miller, Moore, Mur¬ 
phy, Neeson, Newman, Pendleton, Price, Randolph, Saunders, Sey¬ 
mour, Sheffey, Sloan, Benj. H. Smith, James Smith, Joseph Smith, 
William Smith, Stephenson, J. E. Stewart, Archibald Stuart, Sum¬ 
mers, Tate, Taylor, Trigg, Van Winkle, Wm. Watts, White, Whittle, 
Willey, Williams, Wise, Wysor—80. 

Noes.— Messrs. Botts, Bowles, Burgess, Chambliss, Cocke, Davis, 
Douglas, Edmunds, Flood, Garland, Goode, Hall, Hopkins, Janney, 
Lynch, Moncure, Purkins, Scoggin, Francis W. Scott, R. E. Scott, R. 
G. Scott, Shell, Arthur R. Smith, Southall, Stanard, Straughan, Tred- 
way, Turnbull, Wallace, Samuel Watts, Williams, Woolfolk— 32. 

The President called Mr. Miller to the chair, and after some time 
passed in committee of the whole, the President resumed the chair, 
and Mr. Miller reported that the committee had risen without coming 
to any conclusion upon the matters referred to them. 

On motion of Mr. Scott of Caroline, the Convention then ad¬ 
journed. 

Tuesday, February 18, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

The President submitted a communication from Gen. Wm. H. 
Richardson, which was read as follows : 

Richmond, February 17, 1851. 

To the Hon. John Y. Mason, President of the Convention. 

Sir : In obedience to the instructions of the executive committee of 
the State Agricultural Society, I have the honor to transmit to you the 
enclosed resolution, adopted by that committee. 

Very respectfully, your ob’t. serv’t: 

WM. H. RICHARDSON, Chairman. 

“At a meeting of the Executive Committee of the State Agricultural 
Society, on Monday, the 17th of February, 1851: 

Resolved , unanimously, That the President and members of the Con- 




137 


vention, and the Speakers and Members of both houses of the General 
Assembly, be respectfully invited to attend the annual meeting of the 
Society, commencing on Tuesday evening, the 18th nst. in the hall of 
the House of Delegates, at 7 o’clock, and to participate in the proceed¬ 
ings of the Society. 

Resolved , That the Chairman transmit a copy of the resolution to the 
President of the Convent on and to the Speaker of each house of 
the General Assembly. (Oo]>y.) 

A. ROBINSON, Jr. Recording Sec’y.” 

On motion of Mr. Taylor, the above communication was ordered 
to be laid upon the table. 

Mr. Faulkner submitted several propositions upon the subjects of 
“taxation,” liquidation, and limitations upon future state indebtedness, 
which, on Ins motion, were ordered to be laid upon the table and printed. 

On motion of Mr. Smith, of Greenbriar, the Convention resolved 
itself into a committee of the whole Convention, for the purpose of con¬ 
sidering the Report of the Committee on the Basis of Representation, 
ifec.; and the President called Mr. Miller to the chair. After some time 
passed in comm ttee, the President resumed the chair, and Mr. Miller 
reported that the committee had risen, having come to no conclusion upon 
the matters referred to them. 

On motion of Mr. Wise, the Convention agreed to resolve itself into a 
committee of the whole Convention, to continue the consideration of the Re¬ 
port of the committee on the Basis of Representation, &c.; and the Presi¬ 
dent called Mr. Miller to the chair. After some time passed in com¬ 
mittee of the whole, the President resumed the chair, and Mr. Miller 
reported that the committee had risen, having come to no conclusion. 

Mr. Anderson submitted a motion, that the Convention resolve itself 
into a committee of the whole Convention, for the purpose of considering 
the Report of the committee on the Executive department; pending the con¬ 
sideration of which, 

On motion of Mr. Letcher, the Convention adjourned. 


Wednesday, Feburary 19, 1831. 

The Convention met pursuant to adjournment, and was opened with prayer 
by the Rev. Mr. Hoge, of the Presbyterian church ; after which, the journal 
oif yesterday’s proceedings was read and approved. 

On motion of Mr. Purkins, the Convention resolved itself into a com¬ 
mittee of the whole Convention, for the purpose of considering the Report 
of the committee on the Basis of Representation, &c.; and the President 
called Mr. Miller to the chair. After some time passed in committee of 
the whole, the President resumed the chair, and Mr. Miller reported 
that the committee had risen, without coining to any conclusions upon the 
matters referred to them. 

The President presented a communication from A. Robinson, Jr. Esq. 
which was read as follows: 

Richmond, 19th Feb. 1851. 
Hon. Jno. Y. Mason, Pres’t of the Ya. Convention : 

Dear Sir —The Virginia State Agricultural Society has made it my duty, 
in this form, to solicit the general attendance of the members of the Conven- 

18 






138 

tion at an adjourned meeting of the Society, to be held this evening, at 
half past seven o’clock. 

Desiring that this request may be announced, and that the members of 
the Convention may find it agreeable to attend, 

I have the honor to be, with the highest respect, your ob’t serv’t: 

A. ROBINSON, Jr. 
Rec’g Sec’y of the Ya. State Ag’l Soc’y. 

On motion of Mr. Taylor, 

Ordered, that the said communication be laid upon the table. 

On farther motion of Mr. Tatlor, the Convention adjourned. 


Thursday, February 20, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Reid, of the Presbyterian Church; after which, the 
journal of yesterday’s proceedings was read. 

Mr. Camden presented a report of the proceedings of a public meeting 
held in the County of Harrison, in relation to the various reforms which 
k is deemed essential should be made in the organic law of the State, 
which, on his motion, was ordered to belaid upon the table. 

On motion of Mr. Beale, the Convention agreed to resolve itself into a 
committee of the whole Convention, for the purpose of considering the Re¬ 
port of the Committee on the Basis of Representation, &c. and the Presi¬ 
dent called Mr. Miller to the chair. After some time passed in com¬ 
mittee of the whole, the President resumed the chair, and Mr. Miller 
reported that the committee had risen, having come to no conclusion upon 
the matters referred to them. 

On motion of Mr. Conway, the Convention adjourned. 


Friday, February 21, 1851. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Mr. Taylor, of the Presbyterian Church, the journal of yesterday’s 
proceedings was read and approved. 

On motion of Mr. Scott, of Richmond City, 

Resolved , That when the Convention adjourns to-day, it will adjourn 
to meet again at 11 o’clock, A. M. on Monday next. 

On motion of Mr. Scott, of Richmond City, 

Resolved , That a committee of five be appointed to enquire and report 
whether it be practicable to hasten the publication of the reports of the de¬ 
bates of the Convention. The President subsequently announced the 
following committee under the foregoing resolution :—Messrs. Scott, of 
Richmond City; Sheffey, Taylor, Snowden, and Brown. 

On motion of Mr. Smith, of Jackson, the Convention resolved itself into 
a committee of the whole Convention, for the purpose of considering the 
Report of the Committee on the Basis of Representation, &c. and the 
President called Mr. Miller to the chair. After some time passed in 
committee of the whole, the President resumed the chair, and Mr. Mil¬ 
ler reported that the committee had risen, without coming to any conclu¬ 
sion upon the matters referred to them. 

On motion of Mr. Leake, the Convention adjourned. 




Monday, February 24, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Joyner, of the Methodist Church, the journal of Friday’s 
proceedings was read and approved. 

Mr. Johnson presented a paper containing “suggestions in the for¬ 
mation of a constitution,” which, on his motion, was ordered to be 
laid upon the table. 

Mr. Muscoe Garnett presented a substitute, which he designed of¬ 
fering for the report of the committee on public education, &c., which, 
on his motion, was ordered to be referred to a committee of the whole 
Convention. 

On motion of Mr. Chilton, 

Resolved , That the Secretary certify for payment, an account of 
Ritchie & Dunnavant for $63 57, for printing done for the Convention 
before the appointment of a printer. 

On motion of Mr. Pendleton, the Convention resolved itself into a 
committee of the whole Convention for the purpose of considering the 
report of the committee on the basis of representation, &c., and the 
President called Mr. Miller to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
risen, having come to no conclusion upon the matters referred to them. 

On motion of Mr. Straughan, the Convention then adjourned. 

Tuesday, February 25, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer, by the Rev. Mr. Wheelwright, of the Methodist Church ; after 
which, the journal of yesterday’s proceedings was read and approved. 

On motion of Mr. Claiborne, the Convention resolved itself into a 
committee of the whole Convention, for the purpose of considering the 
report of the committee on the basis of representation, &c., and the 
President called Mr Miller to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
risen, without coming to any conclusion upon the matters referred to 
them. 

Mr. Wise submitted a motion, that when the Convention adjourn 
to-day, it will adjourn to meet hereafter, daily at 10 o’clock. The cpies- 
tion being put to the Convention, was determined in the affirmative. 
Ayes 52, noes 35. 

On motion of Mr. Wise, the vote was recorded, as follows : 

Ayes— Messrs. Anderson, Armstrong, Arthur, Banks, Barbour, Bland, 
Blue, Bocock, Burgess, Caperton, D. Carter, J. A. Carter, Chambers, 
Conway, Edmunds, Faulkner, Floyd, Fulkerson, Fultz, Gaily, Mus¬ 
coe Garnett, Hall, Hunter, Jacob, Kenney, Leake, Lionberger, Lynch, 
McCamant, McCandlish, Jefferson T. Martin, Wm. Martin, Moncure, 
Morris, Neeson, Price, Rives, Shell, Sloan, Benjamin H. Smith, Ste¬ 
phenson, Jas. E. Stewart, Straughan, Summers, Tate, Trigg, Van 
Winkle, Wallace, William Watts, Willey, Wingfield, Wise—52. 

INoes— Messrs. J. Y. Mason, Pres’t., M. Bird, Braxton, R. E. Byrd, 
Camden, Chambliss, Chilton, Cocke, Cox, Davis, Edwards, Fin¬ 
ney, Fisher, Garland, Muscoe R. H. Garnett, Goode, Janney, Jones, 



uo 


Letcher, Lucas; Lyons, McCamas, Moore, Petty, Saunders, Robert 
E. Scott, Robert G. Scott, Arthur R. Smith, Joseph Smith, Snodgrass, 
Southall, Strother, White, Whittle, Worsham—35. 

On motion of Mr. Moncure, the Convention then adjourned. 

Wednesday, February 26, 1851. 

The Con\ r ention met pursuant to adjournment, and was opened with 
prayer, by the Rev. Dr. Early, of the Methodist Church; after which, 
the journal of yesterday’s proceedings was read and approved. 

On motion of Mr. Fuqua, 

Resolved , That the Convention will give its assent to any arrange¬ 
ment with the owners of the Universalist Church, for the meeting of 
the “ Southern Rights’ Association,” in this building, on Friday eve¬ 
ning next. 

On motion of Mr. Camden, the Convention resolved itself into a 
committee of the whole Convention, for the purpose of continuing the 
consideration of the report of the committee on the basis of represen¬ 
tation, &c., and the President called Mr. Miller to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the Convention had 
risen, without coming to any conclusion upon the matters refeived to 
them. 

Mr. Stewart submitted a motion, that when the convention adjourn 
to day it adjourn to meet daily, hereafter, at 11 o’clock ; pending the 
consideration of which, 

On motion of Mr. Claiborne, the Convention adjourned. 

Thursday, February 27, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Lee, of the Methodist Church; after which, the 
journal of yesterday was read and approved. 

The President announced the unfinished business to be upon the 
adoption of a resolution proposed on yesterday by Mr. Stewart, of 
Morgan. 

Mr. Muscoe Garnett moved to lay the said resolution upon the ta¬ 
ble, and the motion being put, it was found that there was no quorum 
present—being ayes 16, noes 44. 

On motion of Mr. Carlile, the vote was recorded, as follows : 

Ayes —Messrs. Anderson, Dale Carter, Cook, Fulkerson, Fuqua, 
Muscoe Garnett, Hall, Kenney, Kilgore, J. T. Martin, Moncure, Pendle¬ 
ton, Sloan, Joseph Smith, Straughan, Trigg—16. 

Noes —Messrs. John Y. Mason, Pres’t., Armstrong, Barbour, Beale, 
Caperton, Carlile, Chambers, Chambliss, Chilton, Conway, Ed¬ 
munds, Edwards, Fisher, Muscoe R. H. Garnett, Goode. Hoge, Hun¬ 
ter, Leake, Janney, Letcher, Lucas,McCamant, McCamas, W. Martin, 
Meredith, Miller, Neeson, Ridley, F. W. Scott, R. G. Scott, Seymour, 
A. R. Smith, Snodgrass, Southall, J. E. Stewart, A. Stuart, Tredway, 
Van Winkle, Wallace, White, Whittle, Willey, Wise—44. 

Afterwards, by leave of the Convention, Mr. Muscoe Garnett 
withdrew his resolution to lay upon the table, and it was afterwards 
passed. 

On motion of Mr. Hunter, 








141 


Resolved, Thai a committee of five be appointed by the Chair, whose 
duty it shall be to consider and report, at as early a day as practicable, 
what limitations upon the powers of the several departments of the go¬ 
vernment, or guaranties, in other form, it may be expedient to insert in 
the new or amended constitution, with special reference to the subjects 
of providing ample and effectual protection and security to the slave 
interest, and of guarding against the abuse or unjust exercise of the 
tax laying and revenue appropriating powers of the government. 

On motion of Mr. Conway, the Convention resolved itself into a 
committee of the whole convention, to continue the consideration of 
the report of the committee on the basis of representation, &c., and 
the President called Mr. Miller to the chair. 

After some time passed in Committee of the whole, the President 
resumed the chair, and Mr. Miller reported that there was no quo¬ 
rum of the Committee present. 

On motion of Mr. Letcher, the Convention then adjourned. 

Friday, February 28, 1S51. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

The President announced the following committee under the reso¬ 
lution of Mr. Hunter, adopted by the Convention on yesterday :— 
Messrs. Hunter, Letcher, Smith of Greenbrier, Carter, of Loudoun, 
and Mon cure. 

Mr. Smith, of Jackson, submitted a motion that the Convention re¬ 
solve itself into a committee of the whole Convention, for the purpose 
of considering the report of the committee on the basis of representa¬ 
tion, (fee., and the question being put to the Convention, it appeared 
that there was no quorum present. 

On motion of Mr. Wise, it was 

Ordered that there be a call of the Convention; whereupon the fol¬ 
lowing members were found to be absent: 

Messrs. Anderson, Arthur, M. Bird, Botts, Bowden, Brown, Burgess, 
Byrd, Caperton, Dale Carter, Chambers, Chapman, Chilton, Cocke, 
Davis, Deneale, Edwards, Faulkner, Ferguson, Finney, Flood, Ful¬ 
kerson, Fuqua, Garland, Muscoe R. H. Garnett, Goode, Hays, Hoge, 
Hopkins, Jacob, Jones, Knote, Lionberger, Lynch, Lyons, McCamant, 
McCandlish, McCamas, Meredith, Newman, Petty, Randolph, Ridley, 
Saunders, Scoggin, Frances W. Scott, Rob’t. E. Scott, R. G. Scott, 
Shell, Sheffey, Benjamin H. Smith, James Smith, Snowden, Stanard, 
Straughan, Strother, Tate, Taylor, Tredway, Samuel Watts, William 
Watts, White, Whittle, I. Williams, S C. Williams, Woolfolk, Wysor. 

It appearing that a majority of the members were present, on motion 
of Mr. Wise, farther proceedings under the call of the Convention 
were dispensed with. 

The motion of Mr. Smith, of Jackson, was then adopted, and the 
President called Mr. Miller to the Chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committe had 
risen, without coming to any conclusion upon the matters referred to 
them. 

On motion of Mr. Miller, the Convention then adjourned. 




142 


Saturday, March 1st, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Hoge, of the Presbyterian church ; after which the 
journal of yesterday’s proceedings was read and approved. 

Mr. Brown presented a copy of the proceedings of a public meeting of 
the citizens of Preston county, in relation to the basis of representation, 
and the proper reforms to be made in the organic law ; which on his mo¬ 
tion was ordered to be laid upon the table. 

Mr. Fulkerson submitted the following resolution: 

Resolved , That on and after Monday next, there shall be afternoon 
sessions of the Convention, to commence at four o’clock P. M. each 
day. 

Mr. Stewart moved to lay the said resolution upon the table ; and 
the question being put to the Convention, was adopted, ayes 57, noes 38. 

On motion of Mr. Fulkerson, the vote was recorded as follows : 

Ayes —Messrs. Bland, Blue, Bocock, Bowden, Brown, Burgess, Cam¬ 
den, Carlile, D. Carter, Cocke, Davis, Douglass, Faulkner, Fisher, Gaily, 
Garland, M. R. H. Garnett, Goode, Hall, Hopkins, Hunter, Jacob, Janney, 
Johnson, Jones, Knote, Leake, Letcher, Ligon, Lucas, Lyons, McCamant, 
McComas, Meredith, Miller, Moore, Price, Ridley, Rives, Robert G. 
Scott, Seymour, Shell, Sloan, A. R. Smith, B. H. Smith, Joseph Smith, 
Snodgrass, Southall, Stephenson, Stewart, Summers, Tredway, Trigg, 
Van Winkle, Samuel Watts, White, Willey—57. 

JVays —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Banks, Beale, 
Bowles, Caperton, John A. Carter, Conway, Cook, Edmunds Flood, 
Floyd, Fulkerson, Fultz, Fuqua, Muscoe Garnett, Hill, Kenney, Kilgore, 
McCandlish, William Martin, Moncure, Morris, Neeson, Pendleton, Fran¬ 
cis W. Scott, Robert E. Scott, Stanard, Straughan, Strother, Tate, Tunis, 
Turnbull, Whittle, Wingfield, Worsham—38. 

On motion of Mr. Pendleton, 

Resolved , That when the Convention adjourns to-day, it adjourn to 
meet daily, hereafter, at 10 o’clock. 

On motion of Mr. Martin, of Henry, the Convention agreed to resolve 
itself into a committee of the whole Convention, for the purpose of consi¬ 
dering the report of the committee on the Basis of Representation, &c.; 
and the President called Mr. Miller to the Chair. 

After some time passed in the committee of the whole, the President 
resumed the Chair, and Mr. Miller reported that the committee had risen, 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Miller, the Convention then adjourned. 




Monday, March 3d, 1851. 

The Convention met pursuant to adjournment, and the journal of Sat¬ 
urday’s proceedings was read and approved. 

Mr. Goode, from the committee on the Legislative department of the 
government, presented a report upon the subject of corporations, which 
on his motion was ordered to be referred to a committee of the whole Con¬ 
vention and printed. 

Mr. Camden presented an amendment which he designed offering to 
the report just received, and which on his motion was ordered to be referred 
to the same committee and printed. 



143 


Mr. Camden, from the committee on the Legislative department, sub¬ 
mitted a report in relation to the call of Conventions by the people, which 
on his motion was ordered to be referred to a committee of the whole Con¬ 
vention and printed. 

On motion of Mr. Muscoe Garnett, 

Resolved , That the Secretary of the Convention certify for payment, 
the account of James Yarrington, amounting to the sum of $9 25, for 
making tables for the use of the committee on County Courts and County 
organization. 

On motion of Mr. Pendleton, the Convention resolved itself into a 
committee of the whole Convention, for the purpose of continuing the con¬ 
sideration of the report of the committee on the Basis of Representation, 
&c.; and the President called Mr. Miller to the < hair. 

After some time passed in committee of the whole, the President 
resumed the Chair, and Mr. Miller reported that the committee had risen, 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Janney, the Convention then adjourned. 

Tuesday, March 4th, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

Mr. Stuart presented a copy of the proceedings of a public meeting of 
citizens of Patrick county, in relation to the Basis of Representation, which 
he moved should be referred to a committee of the whole Convention.— 
The motion being put to the t’onvention, it was ascertained that there was 
not a quorum of members present. 

On motion of Mr. Scott, of Richmond city, it was ordered that there be 
a call of the Convention ; and the roll being called, the following members 
were found to be absent: 

Messrs. Anderson, Arthur, Banks, Beale, Mark Bird, Blue, Botts, Bow¬ 
den, Braxton, Burgess, Dale Carter, John A. Carter, Chambers, Cham¬ 
bliss, Chapman, Cocke, Conw’ay, Cook, Cox, Davis, Deneale, Faulkner, 
Ferguson, Finney, Flood, Floyd, Gaily, Garland, Muscoe R. H. Garnett, 
Hays, Hill, Hopkins, Kilgore, Knote, Lionberger, Lynch, Lyons, McCan- 
dlish, Jefferson T. Martin, William Martin, Moore, Morris, Newman, 
Petty, Purkins, Randolph, Saunders, Scoggin, Robert E. Scott, Seymour, 
Shell, Shelley, Benjamin H. Smith, William Smith, Snodgrass, Snowden, 
Southall, Strother, Tate, Tredway, Trigg, Tunis, William Watts, White, 
Ira Williams, Samuel C. Williams, Wingfield, Wise, Woolfolk, Wysor. 

Pending the first call of the roll, motions were made by Messrs. Pendle¬ 
ton, Goode and Johnson respectively, that further proceedings under the 
call be dispensed with, and they were decided in the negative. 

Upon a second call of the roll, the following members, who were absent 
at the first call, answered to their names: 

Messrs. Charles Blue, Edward R. < hambers, Giles Cook, and John Hill. 

Mr. Byrd moved that farther proceedings under the call of the < on- 
vention be dispensed with, and the motion was agreed to. ayes 38, noes 31. 
On motion of Mr. Letcher, the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Blue, Bowles, Brown, Bichard E. Bird, 
Caperton, Carlile, Chambers, Chilton, Claiborne, Cook, Edmunds, Ed¬ 
wards, Fulkerson, M. Garnett, Goode, Hoge, Jacob Janney, Johnson, Ken¬ 
ney, Leake, Lucas, M’Camant, M’Comas, Meredith, Miller, Pendleton,Price, 



144 

Ridley, Rives, Sloan, James Smith, Joseph Smith, Taylor, Van Winkle, 
Wallace, Willey—38. 

Nays —Messrs. Armstrong, Barbour, Bland, Bocock, Camden, Douglass, 
Fisher, Fultz, Fuqua, Hall, Hill, Hunter, Jones, Letcher, Ligon, W. Martin, 
Moncure. Murphy, Neeson, Francis W. Scott, Robert G. Scott, Arthur R. 
Smith, Stephenson, Stewart, Straughan, Stuart, Summers, Turnbull, Sam¬ 
uel Watts, Whittle, Worsham— 31. 

The motion of Mr. Stuart was then adopted. 

On motion of Mr. Stewart, 

Resolved, That the 2nd Auditor be requested to inform the Convention 
when it may expect from him a report in answer to resolutions adopted on 
the 17th and 18th days of October last by this body, calling upon him for 
certain information. 

Mr. Goode submitted a motion, that when the Convention adjourn to¬ 
day, it adjourn to meet daily, hereafter, at 11 o’clock ; and the motion 
being put to the Convention, was rejected, ayes 44, noes 51. 

On motion of Mr. Purkins, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Barbour, Bird, Blue, Dale Carter, 
Chapman, < hilton, Conway, Cox, Davis, Faulkner, Fisher, Garland, 
Goode, Hopkins, Jones, Knote, Letcher, Ligon, McCamant, Meredith, 
Miller, Moncure, Petty, Purkins, Ridley, Rives, Francis W. Scott, Ro¬ 
bert G. Scott, Seymour, Sloan, Arthur R. Smith, Benj. H. Smith, James 
Smith, William Smith, Stephenson, Stewart, Summers, Tredway, Van 
Winkle, Wallace. Samuel Watts, Whittle and Ira Williams—44. 

Nays —Messrs. Anderson, Armstrong, Banks, Bland, Bocock, Bowles, 
Brown, Burgess, Byrd, Camden, Caperton, John A. Carter, Chambers, 
Claiborne, Cook, Edmunds, Edwards, Floyd, Fulkerson, Fultz, Fuqua, 
Muscoe Garnett, Hall, Hill, Hoge, Hunter, Jacob, Janney, Johnson, Ken¬ 
ney, Kilgore, Leake, Lucas, William Martin, Moore, Murphy, Neeson, 
Pendleton, Price, Saunders, Shell, Joseph Smith, Snodgrass, Straughan, 
Stuart, Taylor, Trigg, Turnbull, Willey, Wise and Worsham—51. 

On motion of Mr. Brown, the Convention resolved itself into a com¬ 
mittee of the whole Convention, to consider the Report of the Committee 
on the Basis of Representation, &c., and the President called Mr. Mil¬ 
ler to the chair. 

After some time passed in Committee of the whole, the President re¬ 
sumed the chair, and Mr. Miller reported that the committee had risen 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Smith, of Norfolk county, the Convention then ad¬ 
journed. 

Wednesday, March 5th, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings being read and corrected, was approved. 

On motion of Mr. Blue, the Convention resolved itself into a committee 
of the whole Convention, for the purpose of continuing the consideration 
of the Report of the Committee on the Basis of Representation, &c., and 
the President called Mr. Miller to the chair. 

After some time passed in committee of the whole, the President re¬ 
sumed the chair, and Mr. Miller reported that the committee had risen 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Taylor, the Convention then adjourned. 



145 


Thursday, March 6, 1851. 

The Convention met pursuant to adjournment, and, after prayer by the 
Rev. Dr. Early, of the Methodist Church, the journal of yesterday’s pro¬ 
ceedings was read. 

On motion of Mr. Moncure, the Convention resolved itself into a com¬ 
mittee of the whole Convention, for the purpose of considering the report 
of the committee on the Basis of Representation, &c., and the President 
called Mr. Miller to the chair. 

After some time passt d in committee of the whole, the President re¬ 
sumed the chair, and Mr. Miller reported that the committee had risen, 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Scott, of Caroline, the Convention then adjourned. 

Friday, March 7, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Eskridge, of the Methodist church; after which, 
the journal of yesterday’s proceedings was read and approved. 

The President submitted a communication from Whitmell P. Tuns- 
tall, Esq. President of the Richmond and Danville Rail Road Company, 
which was read as follows: 

Richmond and Danville Rail Road Office, ) 

March 6th, 1851. j 

The President of the Richmond and Danville Rail Road t ompany pre¬ 
sents his respects to the President, members, and officers of the Convention, 
and requests the pleasure of their company at the Depot of the Richmond 
and Danville Rail Road on Saturday next, at 3 o’clock P. M. precisely, 
for a short excursion on the road. 

The President hopes, on their return, to be favored with their company 
at the Exchange Hotel, at 8 o’clock P. M. 

The President, Members and Officers of the ) 

Virginia Reform Convention. ) 

On motion of Mr. Taylor, 

Ordered, That the communication just read, be laid upon the table. 

On motion of Mr. Johnson, the Convention resolved itself into a Com¬ 
mittee of the whole Convention, for the purpose of considering the report 
of the Committee on the Basis of Representation, &c. and the President 
called Mr. Miller to the chair. After some time passed in committee of 
the whole, the President resumed the chair, and Mr. Miller reported that 
the committee had risen, without coming to any conclusion upon the mat¬ 
ters referred to them. 

Mr. Wise submitted the following resolution : 

Resolved , That on and after Monday next, there shall be afternoon ses¬ 
sions of the Convention, to commence daily at 4 o’clock. 

Mr. Sheffey moved to lay the resolution upon the table. 

Mr. Chilton moved that the Convention do adjourn, and the question 
being put to the Convention, was decided in the negative—ayes 30, noes 57. 

On motion of Mr. Taylor, the vote was recorded as follows: 

Ayes —Messrs. Armstrong. Blue, Bowden, Camden, Chambers, Chilton, 
Edwards, Fisher, Fuqua, Gaily, Garland, Goode, Hopkins, Jones, Leake, 
Letcher, Ligon, Lyons, Miller, Morris, Rives, Robert E. Scott, Robert G. 
Scott, Shell, Benjamin H. Smith, Southall, Summers, Tredway, Van Win¬ 
kle and Samuel Watts—30. 

19 






146 


j\ r ays— Messrs Anderson, Banks, Barbour, Bland, Bocock, Bowles, 
Braxton, Brown, Byrd, < aperton, Dale Carter, John A. Carter, Chambliss, 
Conway, Cox, Davis, Douglas, Edmunds, Flood, Floyd, Fulkerson, Fultz, 
Muscoe Garnett, Hall, Hoge, Jacob, Johnson, Kenney, Kilgore, Knote, 
Lucas, McCamant, McCandlish, Jefferson T. Martin, William Martin, 
Meredith, Moncure, Moore, Neeson, Purkins, Randolph, Scoggin, Francis 
W. Scott, Sheffey, James Smith, Snodgrass, Snowden, Stephenson, Stew¬ 
art, Stuart, Taylor, Trigg, Turnbull, Wallace, Whittle, Wingfield and 
Wise—57. 

The question recurred upon the motion of Mr. Sheffey ; pending the 
consideration of which, 

On motion of Mr. Wise, the Convention adjourned. 


Saturday, March 8, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

The President submitted a communication from the Second Audi¬ 
tor, which was read as follows : 


2d Auditor’s Office, ) 

7th March, 1851. ] 

Sir : I have the honor to transmit herewith sundry statements, fur¬ 
nishing the information called for by a resolution of the State Conven¬ 
tion adopted on the 17th of October last, on the motion of Mr. Carlile, * 
accompanied by a report explanatory of the same, which you will please 
lay before that honorable body. 

Other statements are being prepared in compliance with calls of the 
Convention, which will be transmitted at the earliest practicable mo¬ 
ment. 

It is cause of deep regret on my part, that I have been unable to per¬ 
form this duty sooner; the constant and heavy pressure of the daily 
current business of the office, added to my personal indisposition, since 
the beginning of January last, having interfered to make it impracti¬ 
cable. 

With great respect, I am, Sir, 

Your ob’t servant, 

J. BROWN, Jr., 2d Auditor. 

To the Honorable John Y. Mason, 

Pres’t of the Ya. Reform Convention. 

On motion of Mr. Lucas, 

Ordered , That the said communication with the accompanying docu- 
• ments be laid upon the table and printed. 

On farther motion of Mr. Lucas, 

Ordered , That one thousand extra copies of the documents just laid 
upon the table, be printed for the use of the Convention. 

The President announced the question to be upon the motion of 
Mr. Sheffey to lay upon the table the resolution offered on yesterday 
by Mr. Wise. Whereupon Mr. Sheffey, by leave of the Convention, 
withdrew his motion. .! 

Mr. Wise, leave being given by the Convention, modified his reso¬ 
lution so as to read as follows : 










14T 


Resolved , That on and after Monday next, there shall be afternoon 
sessions of the Convention. 

Mr. Claiborne moved to amend the resolution, by adding at the end 
thereof the following words, “ at 7 o’clock.” 

Mr. Scoggin moved to amend the amendment by striking therefrom 
the word “ seven,” and substituting therefor the word “ four.” 

Mr. Miller moved that the resolution and amendments be indefi¬ 
nitely postponed, and the question being put to the Convention, was 
decided in the negative.—Ayes 33, Noes 65. 

On motion of Mr. Miller, the vote was recorded as follows : 

Ayes —Messrs. J. Y. Mason, Pres’t, Botts, Byrd, Chapman, Chil¬ 
ton, Cox, Edwards, Fisher, Fuqua, Garland, Goode, Hopkins, Jones, 
Letcher, Lyons, Meredith, Miller, Petty, Price, Rives, Robert E. Scott, 
Seymour, Shell, Sheffey, Benjamin H. Smith, Southall, Summers, 
Taylor, Tredway, Yan Winkle, Wallace, Samuel Watts, William 
Watts—Ayes 33. 

Noes —Messrs. Anderson, Armstrong, Banks, Barbour, Mark Bird, 
Bland, Blue, Bocock, Bowles, Brown, Burgess, Camden, Caperton, 
Dale Carter, John A. Carter, Chambers, Claiborne, Conway, Cook, 
Davis, Dcneale, Douglass, Edmunds, Faulkner, Flood, Fulkerson, 
Fultz, Gaily, Muscoe Garnett, Hall, Hill, Hoge, Hunter, Jacob, John¬ 
son, Kenney, Kilgore, Knote, Leake, Ligon, Lucas, McCamant, Jef¬ 
ferson T. Martin, William Martin, Moore, Morris, Murphy, Neeson, 
Pendleton, Purkins, Scoggin, Frances W. Scott, Robert G. Scott, 
James Smith, Joseph Smith, William Smith, Snodgrass, Snowden, 
Stephenson, James E. Stewart, Archibald Stuart, Trigg, Turnbull, 
Wingfield, Wise—65. 

The amendment of Mr. Scoggin, to the amendment offered by Mr. 
Claiborne, was then rejected.—Ayes 46, Noes 55. 

On motion of Mr. Wise, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Banks, Barbour, Mark Bird, 
Bland, Bowles, Braxton, Brown, Burgess, Camden, John A. Carter, 
Conway, Cook, Davis, Douglass, Edmunds, Fulkerson, Fultz, Fuqua, 
Muscoe Garnett, Hall, Kilgore, Leake, Lucas, Jefferson T. Martin, 
William Martin, Murphy, Purkins, Rives, Scoggin, Frances W. Scott, 
Robert E. Scott, Robert G. Scott, Shell, Sloan, Joseph Smith, William 
Smith, Snowden, Jas. E. Stewart, Archibald Stuart, Taylor, Turnbull, 
Wallace, William Watts, Wingfield—46. 

Noes —Messrs. J. Y. Mason, Pres’t, Blue, Bocock, Botts, Bowden, 
Richard E. Byrd, Caperton, Dale Carter, Chambers, Chapman, Chil¬ 
ton, Claiborne, Cox, Edwards, Faulkner, Fisher, Flood, Gaily, Gar¬ 
land, Goode, Hill, Hoge, Hopkins, Hunter, Jacob, Johnson, Jones, 
Kenney, Knote, Letcher, Ligon, Lyons, McCamant, Meredith, Miller, 
Moore, Morris, Neeson, Pendleton, Petty, Price, Seymour, Sheffey, 
B. H. Smith, James Smith, Snodgrass, Southall, Stanard, Stephen¬ 
son, Summers, Tredway, Trigg, Yan Winkle, S. Watts, Wise—55. 

Mr. Claiborne’s amendment was then adopted by the Convention— 
Ayes 59, Noes 44. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. J. Y. Mason, Pres’t, Anderson, Bland, Bowles, Brown, 
Burgess, Camden, Caperton, Carlile, Dale Carter, John A. Carter, 
Chambers, Conway, Cook, Edmunds, Faulkner, Flood, Floyd, Ful- 



148 


kerson, Fultz, Gaily, Muscoe Garnett, Hall, Hoge, Hopkins, Hunter, 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, McOamant, 
Jefferson T. Martin, William Martin, Moore, Morris, Murphy, Neeson, 
Pendleton, Price, Purkins, Robert E. Scott, Shell, Benjamin H. Smith, 
James Smith, Snodgrass, Snowden, Stephenson, Summers, Tay¬ 
lor, Tredway, Trigg. Turnbull, Van Winkle, Wingfield, Wise—59. 

Noes —Messrs. Armstrong, Banks, Barbour, Blue, Bocock, Botts, 
Bowden, Braxton, Richard E. Byrd, Chapman, Chilton, Claiborne, 
Cox, Davis, Douglas, Edwards, Fisher, Fuqua, Garland, Goode, Hill, 
Jones, Leake, Lucas, Lyons, Meredith, Miller, Petty, Rives, Scoggin, 
Frances W. S ’Ott, Robert G. Scott, Seymour, Sheffey, Sloan, Joseph 
Smith, William Smith, Southall, Stanard, Jas. E. Stewart, Archibald 
Stuart, Wallace, Samuel Watts, William Watts—44. 

Mr. Byrd proposed the following amendment as a substitute for the 
resolution of Mr. Claiborne : 

Resolved , That it be a standing rule of the Convention that from and 
after Monday next, the sessions of the committee of the whole, shall 
commence at 10 o’clock in the morning of each day, and continue till 
4 o’clock in the evening thereof. 

Mr. Botts moved to amend the resolution of Mr. Byrd by adding 
thereto the following, “ unless they choose to adjourn at an earlier 
hour.” 

Mr. Byrd moved to amend the amendment by adding thereto the 
following words, “ by a vote of two thirds.” 

The question being put upon the said amendment, it was rejected. 

Mr. Botts’ amendment was then adopted. 

The amendment of Mr. Byrd, as amended by Mr. Botts was then 
rejected—Ayes 33, noes 65. 

On motion of Mr. Wise the vote was recorded as follows : 

Ayes —Messrs. Banks, Barbour, Blue, Bocock, Botts, Braxton, Rich¬ 
ard E. Byrd, Chapman, Chilton, Cox, Douglas, Edwards, Fuqua, 
Garland, Goode, Jones, Leake. Lyons, Meredith, Miller, Petty, Price, 
Rives, Scoggin, Sheffey, Joseph Smith, William Smith, Southall, Stan¬ 
ard, Jas. E. Stewart, Wallace, Samuel Watts, William Watts—33. 

Noes —Messrs. J. Y. Mason, Pres’t, Anderson, Armstrong, Bland, 
Bowles, Brown, Camden, Caperton, Carlile, Dale Carter, John A. Car¬ 
ter, Chambers, Conway, Cook, Davis, Edmunds, Faulkner, Flood, 
Floyd, Fulkerson, Fultz, Gaily, Muscoe Garnett, Hall, Hays, Hoge, 
Hopkins, Hunter, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, 
Ligon, Lucas, McCamant, Jefferson T. Martin, William Martin, Moore, 
Morris, Murphy, Neeson, Pendleton, Purkins, Francis W. Scott, Ro¬ 
bert E. Scott, Robert G. Scott, Seymour, Shell, Sloan, Benjamin H. 
Smith, James Smith, Snodgrass, Snowden, Stephenson, Archibald 
Stuart, Summers, Taylor, Tredway, Trigg, Turnbull, Van Winkle, 
Wingfield, Wise—65. 

The question then recurred upon the resolution as amended, which 
is as follows: 

Resolved , That on and after Monday next, there shall be afternoon 
sessions of the Convention, to commence at 7 o’clock—and being put 
to the Convention it was adopted—Ayes 57, noes 42. 

On motion of Mr. Sheffey the vote was recorded as follows: 

Ayes —Messrs. Anderson, Bland, Bocock, Bowles, Brown, Camden, 



149 


Caperton, Carlile, Dale Carter, John A. Carter, Chambers, Conway, 
Cook, Edmunds, Faulkner, Flood, Floyd, Fulkerson, Fultz, Gaily, 
Muscoe Garnett, Hall, Hays, Hill, Hoge, Hunter, Jacob, Johnson, 
Kenney, Kilgore, Knote, Letcher, Ligon, Lucas, McCamant, Jefferson 
T. Martin, William Martin, Moore, Morris, Murphy, Neeson, Pendle¬ 
ton, Purkins, Frances W. Scott, Robert E. Scott, Shell, James Smith, 
Snodgrass, Snowden, Stephenson, Archibald Stuart, Taylor, Tredway, 
Trigg, Turnbull, Wingfield, Wise—57. 

Noes— Messrs. J. Y. Mason, Pres’t, Armstrong, Banks, Barbour, 
Mark Bird,Blue, Botts, Braxton, Richard E. Byrd, Chapman, Chil¬ 
ton, Cox,Davis, Douglas, Edwards, Fuqua, Garland, Goode, Hopkins, 
Jones, Leake, Lyons, Meredith, Miller, Petty, Price, Rives, Scoggin, 
Robert G. Scott, Seymour, Sheffey, Sloan, Joseph Smith, Wm. Smith, 
Southall, Stanard, Jas. E. Stewart, Summers, Van Winkle, Wallace, 
Samuel Watts, William Watts—Noes 42. 

On motion of Mr. Summers, the Convention resolved itself into a 
committee of the whole Convention for the purpose of considering the 
report of the committee on the basis of representation, &c., and the 
President called Mr. Miller to the chair. 

After some time passed in committee of the whole the President re¬ 
sumed the chair and Mr. Miller reported that the committee had come to 
no conclusion upon the matters referred to them, and had risen. 

Mr. Muscoe Garnett from the committee on accounts offered the fol¬ 
lowing resolution : 

Resolved , That the Secretary of the Convention certify for payment 
the account of F. Regnault, amounting to the sum of $ 342 82 cents for 
materials furnished, and work done, in fitting up the Universalist Church 
for the use of the Convention. 

Mr. Letcher submitted a motion to recommit the said account to the 
same committee, and the motion was rejected. 

The resolution of Mr. Muscoe Garnett was then adopted. 

On motion of Mr. Pendleton the Convention adjourned. 


Monday, March 10, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

On motion of Mr. Miller it was ordered that there be a call of the 
Convention; and the roll being called the following members were found 
to be absent: 

Messrs. Anderson, Arthur, Banks, Barbour, Beale, Mark Bird, 
Botts, Bowden, Braxton, Carlile, Dale Carter, Chambers, Chapman, 
Cocke, Conway, Cox, Deneale, Douglas, Edmunds, Faulkner, Ferguson, 
Finney, Fisher, Flood, Floyd, Fulkerson, Fuqua, Muscoe R. H. Garnett, 
Hays, Hoge, Hopkins, Jones, Leake, Lionberger, Lynch, Lyons, Me and- 
lish, Me Camas, William Martin, Meredith, Moncure, Newman, Petty, 
Price, Purkins, Randolph, Ridley, Rives, Saunders, Scoggin, Frances W. 
Scott, Robert E. Scott, Shell, Sheffey, Arthur R. Smith, Benjamin H. 
Smith, Joseph Smith, William Smith, Straughan, Stroiher, Tate, Trigg, 
Tunis, Van Winkle, Samuel Watts, William Watts, White, Whittle, Wil¬ 
ley, Ira Williams, Samuel C. Williams, Wise, Woolfolk, Worsham, Wisor. 

On motion of Mr. Claiborne, it was 



150 


Ordered , That further proceedings under the call of the Convention be 
dispensed with. 

On motion of Mr. Snowden, 

Resolved, That the Secretary of the Convention be authorized, without 
further order, to certify for payment the accounts of the Reporter of the 
Convention, according to the terms of the contract, and that the accounts 
heretofore settled by him be confirmed. 

On motion of Mr. Byrd, the Convention resolved itself into a commit¬ 
tee of the whole Convention to continue the consideration of the report of 
the committee on the Basis of Representation, &c; and the President 
called Mr. Miller to the chair. 

After some time passed in committee, the President resumed the chair, 
and Mr. Miller reported that the committee had risen without coming to 
any conclusion upon the matters referred to them. 

Mr. Chilton submitted a motion, that when the Convention adjourn to¬ 
day it adjourn to meet to-morrow morning at 10 o’clock. 

Pending the consideration of which. 

On motion of Mr. Wise the Convention agreed to adjourn—Ayes 49, 
noes 33. 

On motion of Mr. Claiborne, the vote was recorded as follows: 

Ayes —Messrs. J. Y. Mason, Pres’t, Armstrong, Bland, Bowles, Brown, 
Caperton, Dale Carter, John A. Carter, Chambers, Cocke, Cook, Faulk¬ 
ner, Flood, Floyd, Fulkerson, Fultz, Gaily, Muscoe Garnett, Hall, Hoge, 
Hopkins, Hunter, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Li- 
gon, Lucas, McCamant, Jefferson T. Martin, Neeson, Fendleton, Ran¬ 
dolph, Robert E. Scott, Sheffey, William Smith, Snodgrass, Snowden, 
Stephenson, Jas. E. Stewart, Archibald Stuart, Summers, Taylor, Trigg, 
Turnbull, Wingfield, Wise—49. 

Noes —Messrs. Banks, Blue, Botts, Bowden, Braxton, Burgess, Rich’d 
E. Byrd, Camden, Chambliss, Chapman, Chilton, Claiborne, Davis, Ed¬ 
wards, Fisher, Garland, Goode, Janney, Leake, Meredith, Price, Rives, 
Scoggin, Robert G. Scott, Seymour, Shell, Sloan, James Smith, Joseph 
Smith, Southall, Tredway, Yan Winkle, Wallace—33. 

AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

On motion of Mr. Scott of Fauquier, it was 

Ordered, That there be a call of the Convention; and the roll being 
called the following members were found to be absent: 

Messrs. Anderson, Armstrong, Arthur, Barbour, Beale, Mark Bird, 
Bland, Blue, Bocock, Botts, Braxton, Brown, Richard E. Byrd, Cam¬ 
den, Garble, John A. Carter, Chambers, Chambliss, Chapman, Clai¬ 
borne, Cocke, Conway, Cook, Cox, Davis, Deneale, Douglas, Ed¬ 
munds, Faulkner, Ferguson, Finney, Flood, Floyd, Fulkerson, Fultz, 
Fuqua, Muscoe R. H. Garnett, Goode, Hays, Hill, Hoge, Hopkins, 
Hunter, Jones, Knote, Leake, Lionberger, Lynch, Lyons, McCandlish’ 
McCamas, Meredith, Moore, Morris, Murphy, Neeson, Petty, Purkins, 
Randolph, Ridley, Rives, Saunders, Scoggin, Frances W. Scott* 
Robert G. Scott, Shell, Sheffey, Arthur R. Smith, Benjamin 
H. Smith, James Smith, Joseph Smith, William Smith, Southall, Stan- 
ard, Jas. E. Stewart, Straughan, Tate, Trigg, Tunis, Van Winkle, 
Wallace, William Watts, White, Whittle, Willey, Ira Williams, Sam’l 
C. Williams, Wise, Woolfolk, Worsham, Wysor. 



On the second call of the roll the following members who were ab¬ 
sent at the first calling, answered to their names: 

Messrs. Armstrong, Bland, Blue, Brown, Camden, John A. Carter, 
Davis, Faulkner, Flood, Floyd, Fultz, Fuqua, Hays, Leake, Murphy, 
James Smith. 

Mr. Scott of Fauquier, moved that the Convention do adjourn, and 
the question being put to the Convention was decided in the nega¬ 
tive. 

On motion of Mr. Chilton, 

Ordered , That further proceedings under the call of the Convention 
be dispensed with. 

Mr. Muscoe Garnett, moved that the Convention resolve itself into 
a committee of the whole Convention, for the purpose of considering 
the report of the committee on the basis of representation, &c. 

Mr. Jacob submitted a motion that the Convention do adjourn, and 
it was rejected—Ayes 37, noes 50. 

On motion of Mr. Taylor the vote was recorded as follows : 

Ayes— Messrs. J. Y. Mason, Pres’t, Blue, Bowden, Camden, Ca- 
perton, Dale Carter, Chambers, Chilton, Davis, Edwards, Fisher, 
Floyd, Fuqua, Garland, Goode, Jacob, Janney, Kenney, Kilgore, J. 
T. Martin, Meredith, Miller, Moore, Newman, Pendleton, Randolph, 
Rives, Robert E. Scott, Robert G. Scott, Seymour, Sloan, Snodgrass, 
Stanard, Strother, Summers, Tredway, Sam’l Watts, Wm. Watts—37. 

Noes —Messrs. Armstrong, Banks, Bland, Bowles, Braxton, Brown, 
Burgess, Richard E. Byrd, John A. Carter, Cocke, Cook, Deneale, 
Faulkner, Flood, Fulkerson, Fultz, Gaily, Muscoe Garnett, Hall, Hays, 
Hoge, Hopkins, Hunter, Johnson, Jones, Leake, Letcher, Ligon, Lu¬ 
cas, McCamant, Wm. Martin, Moncure, Murphy, Neeson, Price, Saun¬ 
ders, Shell, Sheffey, James Smith, William Smith, Snowden, Stephen¬ 
son, Jas. E. Stewart, Archibald Stuart, Taylor, Trigg, Turnbull, Yan 
Winkle, White, Wingfield—Noes 50. 

The motion of Mr. Garnett was then adopted, and the President 
called Mr. Miller to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
risen, having come to no conclusion upon the matters referred to them. 

Mr. Cocke submitted a motion that the resolution adopted on Satur¬ 
day last, providing for evening sessions of the Convention be rescinded. 

Mr. Pendleton, pending the consideration of Mr. Cocke’s motion, 
moved that the Convention do adjourn, and the motion was rejected— 
Ayes 42, noes 50. 

On motion of Mr. Wise the vote was recorded as follows: 

Ayes— Messrs. J. Y. Mason, Pres’t, Blue, Bowden, Burgess, Caper- 
ton, Chilton, Cook, Davis, Deneale, Edwards, Fisher,^ Fultz, Fuqua, 
Garland, Goode, Hopkins, Jacob, Janney, Jones, Kenney, Knote, 
Lyons, Meredith, Miller, Moncure, Moore, Newman, Pendleton, Price, 
Randolph, Rives, Saunders, Robert E. Scott, Robert G. Scott, Sey¬ 
mour, Sloan, James Smith, Stephenson, Strother, Summers, Tredway, 
Samuel Watts—42. 

N oes —M essrs. Armstrong, Banks, Bland, Bocock, Bowles, Braxton, 
Brown, Richard E. Byrd, Camden, Carlile, Jno. A. Carter, Chambers, 


152 


Cocke, Faulkner, Flood, Floyd, Fulkerson, Gaily, Muscoe Garnett, 
Hall, Hays, Hoge, Hunter, Johnson, Kilgore, Leake, Letcher, Ligon, 
Lucas, McCamant, Jefferson T. Martin, William Martin, Murphy, Nee- 
son, Shell, Sheffey, William Smith, Snodgrass, Snowden, Stanard, 
Jas. E. Stewart, Archibald Stuart, Taylor, Trigg, Turnbull, Van Win¬ 
kle, William Watts, White, Wingfield, Wise—50. 

Mr. Letcher moved the indefinite postponement of the motion sub¬ 
mitted by Mr. Cocke. 

After some time, by leave of the Convention Messrs, letcher and 
Cocke respectively withdrew their motions, and 

On motion of Mr. Cocke the Convention adjourned. 

Tuesday, March 11,1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday^ proceedings was read and approved. 

Mr. Bowden proposed the following resolution : 

Resolved , That the committee of the whole be instructed not to take the 
vote on the question now under discussion before it, relative to the Basis of 
Representation, until reasonable notice of not less than five days be given, 
by resolution of the Committee, when such vote will be taken. 

Mr. Lyons moved to amend the said resolution, by striking therefrom 
all after the word “ Resolved,” and inserting the following: 

u That the debate upon the question upon the Basis of Representation, 
now depending in the committee of the whole, shall terminate at 12 o’clock 
M. on the-day of-. 

On motion of Mr. Caperton, the resolution and amendment were laid 
upon the table—ayes 58, noes 34. 

On motion of Mr. Lyons, the vote was recorded, as follows : 

Ayes —Messrs. Mason, (Pres’t.) Armstrong, Bland, Blue, Brown, Bur¬ 
gess, Camden, Caperton, Carlile, Dale Carter, John A. Carter, Chapman, 
Davis, Douglass, Faulkner, Fisher, Floyd, Fulkerson, Fultz, Gaily, Gar¬ 
land, Goode, Hall, Hoge, Hopkins, Jacob, Johnson, Kilgore, Knote, 
Letcher, Ligon, Lucas, McCamant, Jefferson T. Martin, Meredith, Miller, 
Moncure, Moore, Neeson, Pendleton, Price, Randolph, Rives, Scoggin, 
Robert G. Scott, Seymour, Sheffey, Sloan, Benjamin H. Smith, James 
Smith, Joseph Smith, Snodgrass, Stewart, Stuart, Summers, Trig-cr, Van 
Winkle, Wise—58. 

JVays —Messrs. Arthur, Banks, Mark Bird, Bocock, Bowden, Bowles, 
Braxton, Chambliss, Chilton, Claiborne, Cook, Flood, Fuqua, Muscoe 
Garnett, Hunter, Janney, Jones, Kenney, Leake, Lyons, William Martin, 
Morris, Newman, Saunders, Robert E. Scott, Shell, Snowden, Southall, 
Taylor, Tredway, Turnbull, Wallace, Samuel Watts, Willhm Watts—34. 

The President submitted a communication from Wm. G. Bishop, Re¬ 
porter to the Convention, which was read as follows : 

To the Hon. Jno. Y. Mason, Pres’t of the Ya. Const’l. Convention. 

I beg leave most respectfully to represent to the Convention, that the 
heavy additional labor imposed upon me, by the recent action of your ho¬ 
norable body, will render the performance of the duties of reporting a mat¬ 
ter of great hardship, if not an absolute impossibility, at the present rate of 
compensation allowed to me. When I engaged to perform the duty of 
reporting the debates and proceedings of the Convention, it was under the 





153 


intimation, that in all probability its daily sessions would never exceed four 
hours in duration, but rather would be more likely to fall short of that 
time. Under this impression, I assented to the restriction which prevents 
my compensation, no matter what may be the amount of labour, from ex¬ 
ceeding $250 per week ; and I entered upon the performance of the service 
with assistance sufficient to have performed far more than would, at the 
terms agreed upon, have amounted to that sum. By the resolution of the 
Convention, adopted on Saturday last, the duration of the sittings will in 
all probability be increased to seven or eight hours. To secure the neces¬ 
sary additional assistance would not only exhaust the compensation allowed . 
me, but would oblige me to resort to my own pocket to supply the defi¬ 
ciency, which, I confess, would be a very doubtful resort indeed ; and all 
this, without securing a dollar of compensation for my own labors. 

I am therefore impelled, by the very necessities of the case, to solicit the 
Convention to remove the restriction referred to, so that I may be enabled 
to engage the required additional assistance. I will then he compensated 
only for the labor actually performed, which is the system adopted in Wash¬ 
ington, as well as by the ( onventions recently held in Kentucky and Indi¬ 
ana, and all others, of which I have any knowledge. I am confident that this 
variation from the original contract will not materially increase the gross 
amount of compensation for the session ; and while it will enable me to pro¬ 
cure the necessary assistance for the present emergency, it will add nothing 
to my own receipts. If, as is expected, the extension of the duration of 
the daily sittings should result in shortening the duration of the entire ses¬ 
sion, it can certainly make no material defference in the aggregate compen¬ 
sation. 

Trusting that the Convention will appreciate my motives in soliciting 
this relief, and to their justice and liberality in affording it, 

I am, very respectfully, 

Your ob : t. serv’t. 

WM. G. BISHOP. 

Richmond, March 10, 1851. 

On motion of Mr. Sheffey, 

Ordered, That the communication just read be laid upon the table. 

Mr. Sheffey presented the following resolution : 

Resoloed , That so much of the contract entered into with Wm. G. Bi¬ 
hop, the Reporter to the Convention, as limits his compensation to $250 a 
week, be dispensed with, and that the clerk certify the accounts of said re¬ 
porter, allowing the compensation per column, provided for in said contract, 
for the work he may actually perform. 

Mr. Taylor moved that the resolution be referred to the committee on 
publishing the proceedings, &c. w T ith instructions to report to the Con¬ 
vention the cost hitherto incurred in publishing the debates and proceedings ; 
and the probable cost of continuing the publication of the debates, if the 
Convention continue three months longer in session. 

On motion of Mr. Trigg, 

Ordered, that the said motion, together with the resolution of Mr. Shef¬ 
fey, be laid upon the table. 

On motion of Mr. Moncure, the Convention resolved itself into a com¬ 
mittee of the whole Convention, for the purpose of considering the Report 
of the committee on the Basis of Representation, &c. and the President 

*30 


154 


called Mr. Miller to the chair. After some time passed in committee, the 
President resumed the chair, and Mr. Miller reported that the com¬ 
mittee had risen, without coming to any conclusion, upon the matters re¬ 
ferred to them. 

Mr. Hunter, from the committee to whom was referred the subject 
of providing for “ limitations upon the powers of the various departments of 
the government, with special reference to the protection of the slave interest, 
and guarding againist the abuse of the tax-laying and revenue-appropria¬ 
ting powers of the government,” presented a report, which, on his motion, 
was laid upon the table and ordered to be printed. 

Mr. Janney moved that when the Convention adjourn to-day, it adjourn 
to meet to-morrow at 10 o’clock. 

Pending the consideration of which, 

On motion of Mr. Hunter, the Convention adjourned. 


AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

Mr. Taylor submitted a motion that the Convention resolve itself in¬ 
to a committee of the whole Convention, to consider the Report of the 
committee on the Basis of Representation, &c.; pending the consideration 
of which, 

On motion of Mr. Edwards, the Convention adjourned. 


Wednesday, March 12, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

Mr. Carter, of Loudoun, moved to take up and consider a resolution 
offered by Mr. Sheffey on yesterday, together with an amendment otfer- 
red thereto by Mr. Taylor. 

Mr. Stanard moved that there be a call of the Convention, and the 
motion was rejected. 

The question being put upon the motion of Mr. Carter, it was found 
that a quorum of members was not present. 

On motion of Mr. Letcher, 

Ordered, that there be a call of the Convention, and the roll being called, 
the followoing members were found to be absent:—Messrs.Barbour, Bocock, 
Botts, Richard E. Byrd, Chambliss, Claiborne, Cocke, Conway, Cook, 
Cox, Deneale, Edmnnds, Ferguson, Finney, Floyd, Muscor R. H. Garnett, 
Muscoe Garnett, Hays, Hill, Lionberger, Lynch, McCandlish, McComas, 
Meredith, Murphy, Petty, Purkins, Ridley, Saunders, Francis W. Scott, 
Arthur R. Smith, Straughan, Strother, Tate, Taylor, Tunis, Whittle, 
Willey, Ira Williams, S. C. Williams, Woolfolk, Worsham, and Wysor. 

On the second calling of the roll, the following members, who were ab¬ 
sent at the first roll call, answered to their names :—Messrs W. P. Bocock, 
John R. Chambliss, Nathaniel C. Claiborne, Elisha W. McComas, and 
John A. Meredith. 

The following members were excused, respectively, by the Convention, 
for their absence :—Messrs. Muscoe Garnett, Lionberger, Murphy, Petty, 
Ridley, Smith, of Norfolk county, and Straughan. On reaching the name 
of Mr. Strother, in the second calling of the roll, 


# 




155 


On motion of Mr. Wise, it was 

Ordered , That further proceedings under the call of the Convention be 
dispensed with, ayes 88, noes 10. 

On motion of Mr. Claiborne, the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Arthur, Banks, 
Beale, Mark Bird, Bland, Bocock, Botts, Bowden, Bowles, Braxton. 
Brown, Burgess, Camden, Caperton, Carlile, Dale Carter, John A. Carter, 
Chambers, Chambliss, Chapman, Chilton, Claiborne, Davis, Douglass, 
Faulkner, Fisher, Flood, Fultz, Fuqua, Gaily, Garland, Goode, Hall, 
Hoge, Hopkins, Hunter, Jacob, Janney, Johnson, Jones, Kenney, Kilgore, 
Knote, Leake, Lyons, McCamant, McComas, Jefferson T. Martin, Wil¬ 
liam Martin, Meredith, Miller, Moore, Morris, Neeson, Newman, Pendle¬ 
ton, Price, Randolph, Rives, Scoggin, Robert E. Scott, Robert G. Scott, 
Seymour, Shell, Sheffey, Benjamin II. Smith, James Smith, William Smith, 
Snodgrass, Snowden, Southall, Sfanard, Stewart, Summers, Taylor, Tred- 
way, Trigg, Turnbull, Van Winkle, Wallace, Samuel Watts, William 
Watts, White, Wingfield, Wise—88. 

Nays —Messrs. Blue, Edwards, Fulkerson, Letcher, Ligon, Lucas, 
Moncure, Sloan, Joseph Smith, Stuart—10. 

Mr. Carter, of Loudoun, with the leave of the Convention, withdrew 
his motion. 

On motion of Mr. Carter, of Loudoun, the Convention resolved itself 
into a committee of the whole Convention, to consider the report of the 
committee on the Basis of Representation, &c., and the President called 
Mr. Miller to the chair. 

After some time passed in committee of the whole, the President re¬ 
sumed the chair, and Mr. Miller reported that the committee had risen, 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Miller, the Convention adjourned. 


AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

On motion of Mr. Taylor, the Convention resolved itself into a com¬ 
mittee of the whole Convention, for the purpose of continuing the conside¬ 
ration of the report of the committee on the Basis of Representation, &c., 
and the President called Mr. Miller to the chair. 

After some time passed in committee of the whole, the President re¬ 
sumed the chair, and Mr. Miller reported that the committee had risen, 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Morris, the Convention adjourned. 

Thursday, March 13, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

On motion of Mr. Goode, Resolved , That the President of the 
Board of public works be respectfully requested to furnish this 
Convention with a statement, exhibiting a list of the works of In¬ 
ternal Improvements yet unfinished, but in process of construction, in 
which the State is interested as stockholder, in a joint stock company; 
or which she is engaged in constructing on state account alone ; shew- 


ft 




156 


ing the distances yet to be constructed, with the probable cost of com¬ 
pleting each work ; and designating the grand division of the state in 
which the unfinished work is proposed to be located. Also, a similar 
list of all works of Internal Improvement authorized by the Legisla¬ 
ture, at the present session and heretofore, and the amount of state ap¬ 
propriation thereto respectively. 

On motion of Mr. Hall, the Convention resolved itself into a com¬ 
mittee of the whole convention; for the purpose of considering the re¬ 
port of the committee on the Basis of Representation, doc., and the 
President called Mr. Miller to the chair. 

After some time passed in committee of the whole the President 
resumed the chair and Mr. Miller reported that the committee had risen 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Miller, the Convention then adjourned. 

AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

On motion of Mr. Watts of Norfolk county, the Convention re¬ 
solved itself into a committee of the whole Convention, for the pur¬ 
pose of continuing the consideration of the report of the committee on 
the basis of representation, (fee., and the President called Mr. Miller 
to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
come to no conclusion upon the matters referred to them, and had risen. 

The President submitted a communication from R. C. L. Mon¬ 
cure, Esq., which was read as follows: 

Richmond, March 13, 1851. 

Hon. Jno. Y. Mason, 

President of the Convention. 

Sir, 

Having been elected a Judge of the Court of Appeals, and 
intending to accept the office, it is necessary that I should resign my 
seat in the Convention. But deeming it to be my duty to retain the 
seat until sufficient time shall have elapsed for the election of a suc¬ 
cessor, I therefore tender my resignation, to take effect from and after 
the 24th day of the present month. 

Very respectfully, 

Your obedient servant, 

R. C. L. MONCURE. 

On motion of Mr. Snowden, 

Ordered , That the communication just read be laid upon the table. 

On farther motion of Jno. Snowden, 

Resolved , That the President of the Convention issue a writ of 
election, directed to the Sheriffs of the counties of Prince William, 
Fairfax, Stafford and Alexandria, for the election of a delegate, to fill 
the vacancy occasioned by the resignation of Richard C. L. Moncure, 
Esq. 

On motion of Mr. Miller, the Convention then adjourned. 

Friday, March 14, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 




157 


On motion oi Mr. Snowden, the Convention agreed to resolve itself 
into a committee of the whole, to consider the report of the committee 
on the basis of representation, &c., and the President called Mr. 
Miller to the chair. 

Attei some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
risen, without coming to any conclusion upon the matters referred to 
them. 

The President submitted a communication from J. Brown, Jr. Esq., 
which was read as follows : 


Sir, 


Second Auditor’s Office, 
14th March, 1851. 


I have the honor to transmit herewith, statements containing 
the information concerning the number of poor children, and primary 
schools, and concerning loans to colleges, &c., called for by resolutions 
of the Convention, adopted on the 29th of October, and 2d November 
last, so far as the same can be supplied from the records of my office. 

Very respectfully, 

Your ob’t serv’t, 

J. BROWN, Jr., 

2d Auditor. 


To Honorable John Y. Mason, 

President of the Convention. 


On motion of Mr. Banks, 

Ordered , That the said communication, together with the accompa¬ 
nying documents, be laid upon the table and printed. 

Mr. Braxton moved that the resolution providing for afternoon ses¬ 
sions of the Convention, be rescinded—pending the consideration of 
which, 

On motion of Mr. Taylor, the Convention adjourned. 


AFTERNOON SESSION. 

The Convention met pursuant to adjournment. The President 
stated the question to be upon the adoption of the resolution proposed 
by Mr. Braxton, in relation to afternoon sessions. 

On motion of Mr. Braxton, 

Ordered , That the said resolution be laid upon the table. 

On motion of Mr. Knote, the Convention resolved itself into a com¬ 
mittee of the whole Convention, to consider the report of the commit¬ 
tee on the basis of representation, &c., and the President called Mr. 
Miller to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
come to no conclusion upon the matters referred to them, and had risen. 

On motion of Mr. Carter of Loudoun, the Convention adjourned. 

Saturday, March 15, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Price submitted the following resolution : 




158 


Resolved, That when the Convention adjourn to-day, it adjourn to 
meet on Monday morning next, at half past ten o’clock, and on Mon¬ 
day evening, at half past seven o’clock, and so from day to day until 
otherwise ordered. 

Mr. Fulkerson moved to lay the resolution upon the table, and the 
motion was rejected. 

The question upon the adoption of the resolution was then put to 
the Conventi >n, and it appeared that there was not a quorum of mem¬ 
bers pre-ent. 

Mr. Scoggin moved that there be a call of the Convention, and the 
motion was decided in the negative. 

Afterwards, a quorum appearing, the resolution of Mr. Price was 
adopted. 

On motion of Mr. Stanard, the Convention resolved itself into a 
committee of the whole Convention, to consider the report of the com¬ 
mittee on the basis of representation, &c., and the President called 
Mr. Miller to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
risen, without coming to any conclusion upon the matters referred to 
them. 

On motion of Mr. Miller, the Convention adjourned. 

Monday, March 17, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Dunning, of the Presbyterian Church, the journal of 
Saturday’s proceedings was lead and approved. 

On motion of Mr. Pendleton, the Convention resolved itself into a 
committee of the whole Convention to continue the consideration of 
the report of the committee on the basis of representation, &c., and the 
President called Mr. Miller to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
risen without coming to any conclusion upon the matters referred to 
them. 

On motion of Mr. Conway the Convention then adjourned. 

AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

On motion of Mr. Taylor, the Convention resolved itself into a com¬ 
mittee of the whole Convention, for the purpose of continuing the con¬ 
sideration of the report of the committee on the basis of representation, 
&c., and the President called Mr. Miller to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
come to no conclusion upon the matters referred to them, and had risen. 

On motion of Mr. Miller, the Convention then adjourned. 

Tuesday, March 18th, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Taylor of the Presbyterian Church; after which 
the journal of yesterday’s proceedings was read and approved. 





m 


On motion of Mr. Claiborne, the Convention resolved itself into a 
committee of the whole Convention to consider the report of the com¬ 
mittee on the basis of representation; &c., and the President called 
Mr. Miller to the chair. 

After some time the President resumed the chair, and Mr. Miller 
reported that the committee had risen without coming to any conclusion 
upon the matters referred to them. 

On motion of Mr. Miller the Convention then adjourned. 

AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

On motion of Mr. Letcher, the Convention resolved itself into a 
committee of the whole Convention to continue the consideration of 
the report of the committee on the basis of representation, &c.; and the 
President called Mr. Miller to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
risen without coming to any conclusion upon the matters referred to 
them. 

Mr. Price submitted a motion, that when the Convention adjourn, 
it adjourn to meet to-morrow at eleven o’clock—and the motion was 
adopted. 

On motion of Mr. Taylor, the Convention then adjourned. 

Wednesday, March 19, 1S51. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Moore of the Presbyterian church, after which 
the journal of yesterday’s proceedings was read and approved. 

Mr. Gally presented a copy of the proceedings of a public meeting 
of citizens of Wheeling, in relation to the “ basis of representation,” 
which on his motion, was ordered to be laid upon the table. 

On motion of Mr. Taylor, the Convention resolved itself into a 
committee of the whole Convention to continue the consideration of 
the report of the committee on the basis of representation, &c., and the 
President called Mr. Miller to the chair. 

After some time passed in committtee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
risen, without coming to any conclusion upon the matters referred to 
them. 

On motion of Mr. Miller, the Convention then adjourned. 

AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

On motion of Mr. Watts of Norfolk county, the Convention re¬ 
solved itself into a committee of the whole, to consider the report of 
the committee on the basis of representation, &c., and the President 
called Mr. Watts of Norfolk county to the chair. 

Alter some time passed in committee, the President resumed the 
chair, and Mr. Watts reported that the committee had come to no con¬ 
clusion upon the matters referred to them, and had risen. 

On motion of Mr. Watts of Norfolk v. the Convention ad¬ 
journed. 







160 


Thursday, March 20, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Reid of the Presbyterian church ; after which 
the journal of yesterday was read and approved. 

Mr. Scoggin submitted a motion that the Convention resolve itself 
into a committee of the whole Convention to consider the report of the 
committee on the basis of representation, &c., and the question being 
put to the Convention, was decided in the affirmative—Ayes 72, noes 3. 

On motion of Mr. Fisher, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, Pres't , Anderson, Armstrong, Ar¬ 
thur, Banks, Beale, Mark Bird, Bland, Bowles, Brown, Burgess, Dale 
Carter, Chilton, Conway, Cook, Davis, Edmunds, Faulkner, Flood, 
Floyd, Fulkerson, Fultz, Fuqua, Gaily, Garland, Muscoe R. H. Gar¬ 
nett, Hall, Hoge, Jacob, Janney, Jones, Kenney, Kilgore, Knote, 
Letcher, Ligon, Lucas, Lynch, McComas, Jefferson T. Martin, Mere¬ 
dith, Miller, Moncure, Moore, Neeson, Pendleton, Price, Randolph, 
Ridley, Rives, Scoggin, Frances W. Scott, Seymour, Sheffey, Sloan, 
Arthur R. Smith, Benjamin H. Smith, Joseph Smith, William Smith, 
Snodgrass, Southall, Archibald Stuart, Summers, Taylor, Tredway, 
Turnbull, Yan Winkle, Samuel Watts, White, Willey, Worsham, Wy- 
sor—72. 

Noes —Messrs. John A. Carter, Fisher, Wingfield — 3. 

The President called Mr. Miller to the chair, and after some time, 
the President again resuming the chair, Mr. Miller reported that the 
committee had risen without coming to any conclusion upon the mat¬ 
ters referred to them. 

On motion of Mr. Miller, the Convention adjourned. 


AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

Mr. Turnbull submitted a motion that the Convention resolve it¬ 
self into a committee of the whole Convention for the purpose of con¬ 
tinuing the consideration of the report of the committee on the basis of 
representation, &c., and the question being submitted to the Conven¬ 
tion, it was ascertained that there was not a quorum of members pre¬ 
sent. 

After some time, Mr. Anderson submitted a motion that the Con¬ 
vention resolve itself into a committee of the whole, and the question 
being put, it was found that there was no quorum present; being ayes 63. 

On motion of Mr. Anderson the vote was recorded as lollows: 

Ayes —Messrs. Anderson, Armstrong, Arthur, Banks, Beale, Mark 
Bird, Bland, Bowles, Braxton, Brown, Camden, J. A. Carter, Cham¬ 
bers, Conway, Davis, Edmunds, Edwards, Faulkner, Fisher, Flood, 
Fulkerson, Fultz, Hail, Hoge, Hopkins, Jacob, Janney, Kenney, Kil¬ 
gore, Knote, Letcher, Lucas, Lynch, McCamant, Jefferson T. Martin, 
Miller, Moncure, Neeson, Price, Randolph, Rives, Scoggin, Frances W. 
Scott, Shell, Sheffey, Sloan, Arthur R. Smith, Joseph Smith, Snow¬ 
den, Jas. E. Stewart, Straughan, Archibald Stuart, Summers, Taylor, 
Tredway, Turnbull, Yan Winkle, White, Whittle, Willey, Ira Wil¬ 
liams, Wise, VYorsham—Ayes 63, noes 00. 

Mr. Beale moved that the Convention do adjourn, and the motion 
was rejected—ayes 6—noes 64. 


\ 



161 


On motion of Mr. Taylor, the vote was recorded as follows ; 

Ayes-— Messrs. Beale, Dale Carter, Davis, Sloan, Arthur R. Smith, 
Ira Williams—6. 

Noes —Messrs. John Y. Mason, (Preset,) Anderson, Armstrong, Ar¬ 
thur, Banks, Mark Bird, Bland, Bowles, Braxton, Brown Cam¬ 
den, Carlile, Chambers, Conway, Edmunds, Edwards, Faulkner, 
Fisher, Flood, Fulkerson, Fultz, Hail, Hoge, Hopkins, Jacob, 
Janney, Johnson, Kenney, Kilgore, Knote, Letcher, Lucas, Lynch, 
McCamant, Jefferson T. Martin, Miller, Moncure, Neeson, Price, 
Purkins, Randolph, Rives, Saunders, Scoggin, Francis W. Scott, 
Shell, Sheffey, Joseph Smith, Snowden, Jas. E. Stewart, Straughan, 
Archibald Stuart, Summers, Taylor, Tredway, Tunis, Turnbull, Van 
Winkle, White, Whittle, Willey, Wise, Worsham—64. 

Mr, Wise renewed the motion that the Convention resolve itself into 
a committee of the whole, and it was adopted; and the President 
called Mr. Miller to the chair. 

After some time passed in committee, the President resumed the 
chair, and Mr. Miller reported that the committee had come to no 
conclusion upon the matters referred to them, and had risen. 

On motion of Mr. Miller, the Convention adjourned. 

Friday, March 21, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Hoge of the Presbyterian Church; after which, 
the journal of yesterday’s proceedings was read and approved. 

The President submitted a communication from Robert Johnston, 
Esq., first Auditor, which was read as follows: 

Auditor’s Office, ) 
Richmond, March 20, 1851. \ 

Sir, 

I have the honor of transmitting to you “a table showing the 
white males, and white females, over twenty-one years of age, in the 
several counties, &c., of the commonwealth, in the years 1840 and 
185 f,” prepared in compliance with a resolution of the Convention, 
passed on the 21st day of October, 1850. 

I am with high respect, 

Your obedient servant, 

RO. JOHNSTON, 

First Auditor. 

To the Hon. John Y. Mason, 

Pres’t of the Va. State Convention. 

On motion of Mr. Taylor, 

Ordered , That the communication just read, together with the ac¬ 
companying documents, be laid upon the table and printed. 

Mr. Chapman presented a copy of the proceedings of a public meet¬ 
ing of the citizens of Monroe county, in relation to the u basis of rep¬ 
resentation,” which on his motion was laid upon the table. 

Mr. Purkins proposed the following resolution, which on motion of 
Mr. Tredway, was ordered to be laid upon the table : 

Resolved , That the debate on the question of the basis of represen- 

21 



162 


tation, now progressing in the committee of the whole, shall terminate 
at 12 o’clock M., on Monday the 31st of the present month. 

On motion of Mr. Tredway, the Convention resolved itself into a 
committee of the whole Convention, to continue the consideration of 
the report of the committee on the basis of representation, &c., and 
the President called Mr. Miller to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Miller reported that the committee had 
risen, without coming to any conclusion upon the matters referred to 
them. 

On motion of Mr. Anderson, the Convention adjourned. 


AFTERNOON SESSION. 

The Convention met pursuant to adjournment, 

Mr. Whittle submitted a motion that the Convention resolve itself 
into a committee of the whole Convention; and the question being put 
to the Convention, it was found that there was not a quorum of mem¬ 
bers present. 

Afterwards, on motion of Mr. Tredway, the Convention resolved 
itself into a committee of the whole, to continue the consideration of 
the report of the committee on the basis of representation, &c., and the 
President called Mr. Miller to the chair. 

After some time the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the mat¬ 
ters referred to them, and had risen. 

On motion of Mr. Taylor, the Convention adjourned. 


Saturday, March 22, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Reid of the Presbyterian Church, the journal of yester¬ 
day’s proceedings was read and approved. 

On motion of Mr. Taylor, 

Resolved , That when the Convention adjourns this morning, it ad¬ 
journ to meet on Monday next, at half past ten o’clock. 

Mr. Purkins moved that the Convention take up and consider a re¬ 
solution offered by him on yesterday, which was laid upon the table. 

And the question being put to the Convention, the motion was re¬ 
jected. 

On motion of Mr. Smith, of Jackson, the Convention resolved itself 
into a committee of the whole, to continue the consideration of the re¬ 
port of the committee on the basis of representation, &c., and the Pre¬ 
sident called Mr. Miller to the chair. 

After some time passed in committee, the President resumed the 
chair, and Mr. Miller reported that the committee had risen, without 
coming to any conclusion upon the matters referred to them. 

On motion of Mr. Jacob, the Convention then adjourned. 


Monday March 24, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Early of the Methodist church, the journal of Saturday’s 
proceedings was read and approved. 





163 


On motion of Mr. Leake, the Convention resolved itself into a com¬ 
mittee of the whole Convention to continue the consideration of the 
report of the committee on the basis of representation, &c., and the 
President called Mr. Miller to the chair. 

After some time passed in committee, the President resumed the 
ehair, and Mr. Miller reported that the committee had come to no con¬ 
clusion upon the matters referred to them, and had risen. 

Mr. Edmunds presented a petition from Ambrose Haley and others, 
“asking relief, in case any change shall be made in the mode of ap¬ 
pointing sheriffs,” which on his/^^Bn, was ordered to be referred to 
the committee on county courts, county organization, &c. 

On motion of Mr. Southall the Convention then adjourned. 

AFTERNOON SESSION. 

The Convention met, and on motion of Mr. Watts, of Norfolk 
county, adjourned. 


Tuesday, March 25, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Lee of the Meth >dist church, the journal of yesterday’s 
proceedings was read and approved. 

On motion of Mr. Martin, of Marshall the Convention resolved it¬ 
self into a Committee of the whole Convention to consider the report 
of the Committee on the basis of representation, &c., and the Presi¬ 
dent called Mr. Miller to the chair. 

After some time passed in committee, the President resumed the 
chair, and Mr. Miller reported that the committee had risen without 
coming to any conclusion upon the matters referred to them. 

On motion of Mr. Smith, of Kanawha, the Convention adjourned. 

AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

Mr. Sheffey moved that the Convention resolve itself into a com¬ 
mittee of the whole Convention to continue the consideration of the 
report of the committee on the basis of representation, &c., and the 
question being put, it was ascertained that there was not a quorum of 
members present. 

Afterwards, on motion of Mr. Taylor, the Convention agreed to 
resolve itself into a committee of the whole, and the President called 
Mr. Sheffey to the chair. 

After some time passed in committee, the President resumed the 
chair, and Mr .Sheffey reported that the committee had risen, without 
coming to any conclusion upon the matters referred to them. 

On motion of Mr. Moore, the Convention adjourned. 

Wednesday, March 26,1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Dibrell, of the Methodist church ; after which 
the journal of yesterday’s proceedings was read and approved. 

Mr. Smith, of Norfolk county, moved to take up and consider a resolu¬ 
tion offered by Mr. Purkins, on the 21st inst., and laid upon the table ; 
and the motion being put to the Convention, was rejected, ayes 42, noes 50. 


/ 






164 


On motion of Mr. Muscoe Garnett, the vote was recorded as follows': 

Ayes —Messrs. Anderson, Arthur, Barbour, Chambliss, Claiborne, 
Cocke, Cox, Edwards, Fuqua, Garland, Muscoe Garnett, Hall, Hill, 
Hunter, Jones, Kilgore, Leake, Ligon, McCamant, William Martin New¬ 
man, Pendleton, Purkins, Ridley, Rives, Scoggin, Francis W. Scott, 
Arthur R. Smith, Snowden, Straughan, Stuart, Trigg, Tunis, Turnbull, 
Wallace, Samuel Watts, William V\ atts, Whittle, Samuel C. Williams, 
Wingfield, Woolfolk, Worsham—42. 

Mays —Messrs. Mason, (Pres’t.,) Armstrong, Mark Bird, Bland, Blue, 
Bowden, Brown, Burgess, ( amixL e ,Caperton, Dale Carter, Chambers, 
Chapman, Faulkner, Ferguson, Fisner, Floyd, Fulkerson, Fultz, Gaily, 
Muscoe R. H. Garnett, Goode, Hays, Hoge, Jacob, Janney, Johnson, 
Kenney, Knote, Letcher, Lionberger, Lucas, Lynch, McCandlish, Mc- 
Comas, Jefferson T. Martin, Moore, Neeson, Price, Seymour, Sheffey, 
James Smith, Joseph Smith, William Smith, Snodgrass, Stewart, Van 
Winkle, Willey, Ira Williams, Wysor—50. 

On motion of Mr. Pendleton, the Convention resolved itself into a 
committee of the whole Convention, to consider the report of the com¬ 
mittee on the Basis of Representation, &c., and the President called Mr. 
Sheffey to the chair. 

After some time passed in committee of the whole, the President re¬ 
sumed the chair, and Mr. Sheffey reported that the committee had come 
to no conclusion upon the matters referred to them, and had risen. 

Mr. Goode submitted a motion that when the Convention adjourn to¬ 
day, it adjourn to meet to-morrow morning at half past ten o’clock. 

Mr. McCamant moved that the Convention do adjourn, and the motion 
was rejected. 

The motion of Mr. Goode was then adopted, ayes 62, noes 13. 

On motion of Mr. Muscoe Garnett, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Barbour, Mark Bird, Bland, Blue, Brown, 
Burgess, Camden, Caperton, Dale Carter, Chambers, Chambliss, Cox, 
Davis, Edwards, Ferguson, Finney, Fisher, Floyd, Fultz, Fuqua, Gaily, 
Garland, Goode, Hunter, Janney, Johnson, Jones, Knote, Leake, Ligon, 
Lionberger, Lucas, McCamant, McCandlish, Jefferson T. Martin, Moore, 
Neeson, Newman, Pendleton, Price, Purkins, Randolph, Ridley, Rives, 
Francis W. Scott, Shell, Sheffey, Arthur R. Smith, Benjamin H. Smith, 
James Smith, Joseph Smith, M illiam Smith, Snodgrass, Southall, Stewart, 
Trigg, Tunis, Van Winkle, Wallace, Samuel Watts, Willey—62. 

Mays —Messrs. Anderson, Arthur, Beale, Fulkerson, Muscoe Garnett, 
Hall. Kenney, Kilgore, Saunders, Turnbull, Samuel C. Williams, Wing¬ 
field, Worsham—13. 

On motion of Mr. Hunter, the Convention then adjourned. 


Thursday, March 27, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Dogget, of the Methodist Church, the journal of yester¬ 
day’s proceedings was read and approved. 

Mr. Claiborne proposed the following resolution : 

Resolved , That a select committee of be appointed to enquire 
into the cost of the publication of the Supplement up to this time, and 
its probable future cost: and that the same committee also enquire into 




165 


the expediency of discontinuing the said Supplement, and have power 
to send for persons and papers. 

On motion Mr. Brown, the said resolution was laid upon the table— 
ayes 43, noes 36. 

On motion of Mr. Claiborne, the vote was recorded, as follows: 

Ayes —Messrs. Armstrong, Mark Bird, Bland, Blue, Bowden, Brown, 
Burgess, Camden, Carlile, Dale Carter, Chambliss, Edwards, Faulk¬ 
ner, Fisher, Gaily, Hoge, Hopkins, Jacob, Johnson, Kilgore, Knote, 
Lionberger, Lucas, McCamant, Jelferson T. Martin, Neeson, Pendleton, 
Price, Rives, Seymour, Shell, ShefFey, Sloan, Benjamin H. Smith, 
Snodgrass, Stephenson, Jas. E. Stewart, Straughan, Archibald Stuart, 
Trigg, Van Winkle, Willey, Williams—43. 

Noes —Messrs. Mason, (Pres’t,) Anderson, Arthur, Beale, Braxton, 
Claiborne, Cox, Douglas, Finney, Fulkerson, Garland, Muscoe R. H. 
Garnett, Muscoe Garnett, Goode, Hill, Jones, Kenney, Leake, Lynch, 
Wm. Martin, Morris, Newman, Purkins, Ridley, Scoggin, Frances W. 
Scott, Arthur R. Smith, Snowden, Tunis, Turnbull, Wallace, William 
Watts, Whittle, Wingfield, Wo'fffolk, Worsham—36. 

Mr. Muscoe Garnett offered certain amendments which he designed 
proposing to the report of the committee on u limitations upon the va¬ 
rious departments of the government,” which, on his motion, were 
ordered to be laid upon the table and printed. 

Mr. Beale offered the following resolution: 

Resolved , That when the Convention adjourn to-day, it adjourn to 
meet, hereafter, daily at 9 o’clock A. M. 

Mr. Claiborne moved to amend the resolution by adding at the end 
thereof the following words, “ and continue in session until 3 o’clock 
P. M.” 

Mr. Straughan moved the following as an amendment to the amend¬ 
ment: 

Resolved , That the Convention will, hereafter, meet at 9J o’clock in 
the forenoon, and at 4J o’clock in the afternoon, until otherwise or¬ 
dered. 

Mr. Carlile moved that the resolution and amendments be laid upon 
the table, and the motion being put to the Convention, was adopted. 

Mr. Smith, of Kanawha, presented the proceedings of a public 
meeting of citizens of Kanawha county, upon the subject of the basis 
of representation, which, on his motion, were ordered to be laid upon 
the table. 

On motion of Mr. Smith, of Kanawha, the Convention resolved it¬ 
self into a committee of the whole, to continue the consideration of 
the report of the committee on the basis of representation, &c., and the 
President called Mr. Sheffey to the chair. 

After some time passed in committee of the whole, the President 
resumed the chair, and Mr. Sheffey reported that the committee had 
come to no conclusion, and had risen. 

On motion of Mr. Sheffey, the Convention then adjourned. 


AFTERNOON SESSION. 

The Convention met, and on motion of Mr. Muscoe Garnett, re¬ 
solved itself into a committee of the whole, upon the report of the 



166 


committee on the basis of representation, (fee., Mr. Sheffey being in 
the chair. 

After some time passed in committee the President resumed the 
chair, and Mr. Sheffey reported that the committee had risen, without 
coming to any conclusion upon the matters referred to them. 

On motion of Mr. Sheffey, the Convention adjourned. 

Friday, March 28, 1851. 

The Convention met pursuant to adjournment, and the journal of yester¬ 
day’s proceedings was read and approved. 

Mr. Wise submitted a communication from L. S. Joynes, Esq. upon the 
subject of the “ registration of births, deaths, and marriages,” which, on 
his motion, was laid upon the table and ordered to be printed. 

On motion of Mr. Smith, of Jackson, the Convention resolved itself 
into a committee of the whole Convention, to consider the report of the 
committee on the Basis of Representation, &c.; Mr. Sheffey being in the 
chair. 

After some time passed in committee of the whole, the President re¬ 
sumed the chair, and Mr. Sheffey reported that the committee had risen, 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Sheffey, the Convention adjourned. 


AFTERNOON SESSION. 

The Convention met, and, on motion of Mr. Chambliss, resolved itself 
into a committee of the whole Convention, Mr. Sheffey being called to 
the chair. 

After some time passed in committee of the whole, the President re¬ 
sumed the chair, and Mr. Sheffey reported that the committee had risen, 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Sheffey, the Convention then adjourned. 


Saturday, March 29, 1851. 

The Convention met pursuant to adjournment, and after prayer by the 
Right Rev. Dr. Johns, of the Episcopal church, the journal of yesterday’s 
proceedings was read and approved. 

Mr. Neeson presented a copy of the proceedings of a public meeting of 
citizens of Marion county, in relation to the “ reforms necessary to be 
made in the organic law of the state,” which, on his motion, was laid upon 
the table. 

On motion of Mr. Van Winkle, 

Resolved , That when the Convention adjourn this morning, it adjourn 
to meet on Monday next at half past 10 o’clock. 

Mr. Braxton moved that the Convention take up and consider a resolu¬ 
tion offered by Mr. Purkins, on the 21st inst., and laid upon the table, and 
the question being put to the Convention, it was ascertained that there was 
not a quorum of members present. 

A fterwards a quorum appearing, the motion of Mr. Braxton was 
adopted, ayes 46, noes 40. 

On motion of Mr. Braxton, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Arthur, Barbour, Beale, Bowles, Braxton, 





16 7 


Burgess, Chambliss, Cocke, Davis, Douglas, Edmunds, Garland, Muscoe 
R. H. Garnett, Muscoe Garnett, Hill, Hunter, Jones, Kenney, Kilgore* 
Leake, Ligon, Lionberger, McCamant. McCandlish, William Martin, 
Moore, Morris, Newman, Pendleton, Purkins, Ridley, Rives, Scoggin, 
Francis W. Scott, Robert G. Scott, Shell, Straughan, Stuart, Tredway, 
Tunis, Turnbull, Wallace, Samuel Watts, William Watts, Worsham—46. 

Nays —Messrs. Mason, (Pres’t.) Armstrong, Bland, Blue, Bowden, 
Brown, Camden, Caperton, Dale Carter, Chapman, Edwards, Fisher, FuB 
kerson, Gaily, Goode, Hoge, Jacob, Johnson, Knote, Letcher, Lucas, 
Lynch, McComas, Jefferson T. Martin, Neeson, Price, Robert E. Scott, 
Seymour, Sheffey, Sloan, Benjamin H. Smith, Joseph Smith, William 
Smith, Snodgrass, Stephenson, Stewart, Summers, Van Winkle, Willey, 
Wise—40. 

Mr. Hoge submitted a motion that the said resolution be indefinitely 
postponed ; and upon this motion, Mr. Bowden demanded the main ques¬ 
tion, which was sustained ; and the motion of Mr. Hoge was agreed to, 
ayes 60, noes 33. 

On motion of Mr. Hoge, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Preset.) Anderson, Armstrong, Barbour, Bland, 
Blue, Bowden, Browm, Camden, Caperton, Dale Carter, Chambers, Chap¬ 
man, Cocke, Davis, Edmunds, Fisher, Floyd, Fulkerson, Gaily, Muscoe 
R. H. Garnett, Goode, Hoge, Hopkins, Jacob, Johnson, Kilgore, Knote, 
Leake, Letcher, Lucas, Lynch, McCamant, McComas, Jefferson T. Mar¬ 
tin, William Martin, Meredith, Moore, Neeson, Pendleton, Price, Robert 
E. Scott, Robert G. Scott. Seymour, Sheffey, Sloan, Benjamin H. Smith, 
James Smith, Joseph Smith, William Smith, Snodgrass, Stephenson, 
Stewart, Summers, Tunis, Van Winkle, William Watts, Willey, Wise, 
Wysor—60. 

Nays —Messrs. Arthur, Beale, Bowles, Braxton, Burgess, Chambliss, 
Douglass, Edwards, Garland, Muscoe Garnett, Hill, Hunter, Jones, Ken¬ 
ney, Ligon, Lionberger, McCandlish, Morris, Newman, Purkins, Ridley, 
Rives, Scoggin, Francis W. Scott, Shell, Straughan, Stuart, Tredway, 
Turnbull, Wallace, Samuel Watts, Woolfolk, Worsham—33. 

Mr. Muscoe R. H. Garnett submitted the following resolution : 

Resolved. That a committee of be appointed to enquire into the cost 
of the publication of the Supplement to this date, and its probable future 
cost; and that the said committee have power to send for persons and pa¬ 
pers, and to report by resolution or otherwise. 

On motion of Mr. Wise, it was 

Ordered , That the said resolution be laid upon the table, ayes 58, noes 
37. 

On motion of Mr. Muscoe R. H. Garnett, the vote was recorded as 
follows : 

Ayes —Messrs. Anderson, Armstrong, Bland, Blue, Botts, Bowden, 
Bowles, Brown, Burgess, Camden, Caperton, Dale Carter, Chambers, 
Chapman, Cocke, Davis, Edwards, Ferguson, Fisher, Floyd, Fulkerson, 
Gaily, Hoge, Hopkins, Jacob, Johnson, Kilgore, Knote, Leake, Letcher, 
Lucas, McCamant, McCandlish, McComas, Jefferson T. Martin, Meredith, 
Moore, Neeson, Pendleton, Price, Rives, Robert G. Scott, Seymour, 
Sheffey, Sloan, Benjamin H. Smith, Joseph Smith, William Smith, Snod¬ 
grass, Stephenson, Stewart, Straughan, Stuart, Summers, Van Winkle, 
Willey, Wise, Wysor—58. 




m 


Nays —Messrs. Mason, (Pres’t.) Arthur, Barbour, Beale, Braxton, 
Chambliss, Douglass, Garland, Muscoe R. H. Garnett, Muscoe Garnett) 
Goode, Hill, Hunter* Jones* Kenney, Ligon, Lionberger* Lynch* William 
Martin, Morris, Newman, Purkins, Ridley, Scoggin, Francis W. > v cottj 
Shell, James Smith, Tredway, Tunis, Turnbull, Wallace, Samuel Watts, 
William Watts, Samuel C. Williams, Wingfield, Woolfolk, Worsham—37» 

On motion of Mr. Smith, of Jackson, the Convention resolved itself into 
a committee of the whole Convention, to continue the consideration of 
the Report of the committee on the Basis of Representation, &c., and the 
President called Mr. Sheffey to the chair. 

After some time, the President resumed the chair, and Mr. Sheffey 
reported that the committee had risen, without coming to any conclusion 
upon the matters referred to them. 

On motion of Mr. Sheffey, the Convention then adjourned. 

Monday, March 31, 1851. 

The Convention met pursuant to adjournment, and the journal of Satur¬ 
day’s proceedings was read and approved. 

Mr. Smith, of Greenbrier, presented a copy of the proceedings of a 
public meeting of citizens of that county, in relation to the Basis of Repre¬ 
sentation, which, on his motion, was ordered to be laid upon the table. 

On motion of Mr. Pendleton, the Convention resolved itself into a com¬ 
mittee of the whole < onvention, for the purpose of continuing the conside¬ 
ration of the report of the committee on the Basis of Representation, &c., 
and the President called Mr. Sheffey to the chair. 

After some time passed in committee, the President resumed the chair, 
and Mr. Sheffey reported that the committee had come to no conclusion 
upon the matters referred to them, and had risen. 

On motion of Mr. Scott, of Caroline, the Convention adjourned. 

AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

On motion of Mr. Beale, the Convention resolved itself into a com¬ 
mittee of the whole Convention, for the purpose of considering the report 
of the committee on the Basis of Representation, &c., and the President 
called Mr. Sheffey to the chair. 

After some time, the President resumed the chair, and Mr. Sheffey 
reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 

Mr. Pendleton submitted a motion, that when the Convention adjourn 
this evening, it adjourn to meet daily, hereafter, in the hall of the House of 
Delegates, instead of the Universalist Church : Pending the consideration 
of which, 

On motion of Mr. Wise, the Convention adjourned. 


Tuesday, April 1,1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

The President stated the unfinished business to be, the adoption of . 
the resolution proposed by Mr. Pendleton, which was under considera¬ 
tion when the Convention adjourned. 







169 


Mr. Pendleton, by leave of the Convention, so modified his resolution 
as to read as follows : 

Resolved, That the Convention will, on and after Monday next, hold 
its sessions in the Hall of the House of Delegates; and that immedi: tel y 
upon assembling in the said Hall, the Convention will assign to the Mem¬ 
bers their seats, in the following manner :—The names of all the Mem¬ 
bers to be deposited in a box, and drawn out by the Secretary, and the 
seats selected by the Members, or by the Secretary for those who are absent, 
in the order in which they are drawn. 

Mr. Pendleton moved that the said resolution be laid upon the table, 
and the motion was rejected. 

Mr. Muscoe Garnett demanded that the question be divided ; and be¬ 
ing propounded upon the first branch of the resolution, it was agreed to. 

Mr. Caperton moved to strike from the resolution the second clause, 
and insert the following:—“ The seats shall be numbered, and the num¬ 
bers placed in a hat, from which each member shall draw, and take his 
seat according to the number drawn and the question being put to the 
Convention, the motion was rejected. 

Mr. Stanard proposed to amend the resolution by striking therefrom 
the second clause, and inserting; in lieu thereof, the following-: “ and that 
the seats in the said Hall be occupied indiscriminately by the Members.” 
The question being propounded, the Convention refused to adopt the 
amendment. 

The question recurring upon the adoption of the second branch of the 
resolution, Mr. Carlile demanded that the main question be now pro¬ 
pounded, and it was ordered by the Convention, and the resolution adop¬ 
ted, ayes 74, noes 19. 

On motion of Mr. Carlile, the vote was recorded aa follows : 

Ayes —Messrs. Mason, (Pres’t.) .Anderson, Armstrong, Arthur, Beale, 
Mark Bird, Bland, Blue, Botts, Bowden, Bowles, Brown, Camden, Caper- 
ton, Carlile, Dale Carter, John A. Carter, Chapman, Cox, Davis, De- 
neale, Edwards, Ferguson, Fulkerson, Gaily, Garland, Goode, Hays, 
Hoge, Hopkins, Hunter, Jacob, Janney, Johnson, Kenney, Kilgore, Knote, 
Leake, Letcher, Ligon, McCamant, Jefferson T. Martin, William Martin, 
Meredith, Neeson, Newman, Pendleton, Price, Ridley, Francis W r . Scott, 
Robert E. Scott, Seymour, Shell, Sheffey, James Smith, Joseph Smith, 
William Smith, Stephenson, Stewart, Stuart, Summers, Tate, Trigg, 
Tunis, Van Winkle, Wallace, Samuel Watts, William Watts, Willey, Ira 
Williams, Samuel C. Williams, Woolfolk, Worsham, Wysor—74. 

Nays —Messrs. Banks, Barbour, Braxton, Burgess, Chambers, Cham¬ 
bliss, Chilton, Finney, Muscoe R. H. Garnett, Muscoe Garnett, Jones. 
Lionberger, Lynch, McComas, Scoggin, Stanard, Straughan, Turnbull, 
Wise—19. 

On motion of Mr. Smith, of Jackson, the Convention resolved itse f 
into a committee of the whole Convention, to continue the consideration of 
the report of the committee on the Basis of Representation, Ac.; and the 
President called Mr. Sheffey to the chair. 

After some time, the President resumed the chair, and Mr. Sheffey 
reported that the committee had risen, without coming to any conclusion 
upon the matters referred to them. 

On motion of Mr. Sheffey, the Convention adjourned* 

22 



170 


AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

On motion of Mr. Scoggin, the Convention resolved itself into a com-, 
mittee of the whole upon the report of the committee on the Basis of 
Representation, &c ; Mr. Sheffey being in the chair. 

After some time passed in committee of the whole, the President rc^ 
sumed the chair, and Mr. Sheffey reported that the committee had come 
to no conclusion upon the matters referred to then}, and had risen; 

On motion of Mr. Sheffey, the Convention adjourned. 


Wednesday, April 2, 1851. 

The Convention met pursuant to adjournment, and the journal of yester¬ 
day’s proceedings was read and approved. 

On motion of Mr. Johnson, the Convention resolved itself into a com¬ 
mittee of the whole Convention to continue the consideration of the report 
of the committee on the Basis of Representation, &c., and the President 
called Mr. Sheffey to the chair. 

After some time, the President resumed the chair, and Mr. Sheffey 
reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 

On motion of Mr. Sheffey, the Convention adjourned. 

AFTERNOON SESSION. 

The Convention met pursuant to adjournment, and, on motion of Mr. 
Ridley, resolved itself into a committee of the whole upon the report of 
the committee on the Basis of Representation, &c.; Mr. Sheffey being in 
the chair. 

After some time, the President resumed the chair, and Mr. : Sheffey 
reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 

On motion of Mr. Sheffey, the Convention then adjourned. 

Thursday, April 3, 1851. 

The Convention met puisuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

On motion of Mr. Blue, 

Resolved , That when the Convention adjourns to-day, it adjourn to* 
meet daily hereafter at ten o’clock. 

On motion of Mr. Camden, 

Resolved , That the Clerk of the House of Delegates be, and he is here¬ 
by, requested to furnish the Convention, as soon as convenient, with a state¬ 
ment shewing the amount of appropriations made by the last General 
Assembly, on the part of the State, to works of internal improvement in 
the four grand divisions of this commonwealth. 

On motion of Mr. Price, the Convention resolved itself into a commit¬ 
tee of the whole Convention to continue the consideration of the report 
of the committee on the Basis ot Representation, &c.; Mr. Sheffey being 
in the chair. 

After some time, the President resumed the chair, and Mr. Sheffey 





171 


reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 

On motion of Mr. Sheffey, the Convention then adjourned. 

AFTERNOON SESSION. 

The Convention met pursuant to adjournment, and, on motion of Mr. 
Seymour, resolved itself into a committee of the whole upon the report of 
the corqmittee on the Basis of Representation, &c.; Mr. Sheffey being in 
the chair. 

After some time, the President resumed the chair, and Mr. Sheffey 
reported that the committee had come to no conclusion, and had risen. 

On motion of Mr. Sheffey, the Convention adjourned. 2 


Friday, April 4, 1851. 

The Convention met pursuant to adjournment, and the journal of yester¬ 
day’s proceedings was read and approved. 

Mr. Cox submitted the following resolution : 

Resolved , That the debate on the question now pending before the 
Convention in committee of the whole, on the Basis of Representation, shall 
close on the day of April, at one o’clock. 

Mr. Trigg moved the following amendment as a substitute for the reso¬ 
lution just offerred : 

Resolved , That after Wednesday next, the Convention will not post- 
pone a vote on the question of the Basis of Representation, now pending ii 
committee of the whole, on account of the absence of Members. 

Mr. Wysor moved to lay the resolution and amendment upon the table, 
and the motion was decided in the negative, ayes 27, noes 60. 

On motion of Mr. Trigg, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Bland, Bowden, Camden, Caperton, D. Car¬ 
ter, John A. Carter, Ferguson, Floyd, Fultz, Gaily, Hays, Knote, Letcher, 
Lionberger, McCamant, McComas, Neeson, Price, Seymour, Jos. Smith, 
William Smith, Stephenson, Stewart, Summers, Yan Winkle, Wysor— 
27. 

Nays —Messrs. Mason, (Pres’t.) Anderson, Arthur, Banks, Barbour, 
Beale, Mark Bird, Botts, Bowles, Brown, Chambers, Chambliss, Chilton, 
Conway, Cox, Douglass, Edwards, Finney, Flood, Fulkerson, Fuqua, 
Garland, Muscoe R. H. Garnett, Goode, Hill, Hopkins, Janney, John¬ 
son, Kenney, Kilgore, Leake, Ligon, Lynch, McCandlish, Jefferson T. 
Martin, William Martin, Meredith, Moore, Morris, Newman, Ridley, F. 
W. Scott, Robert G. Scott, Shell, Sheffey, James Smith, Southall, Stan- 
ard, Stuart, Tate, Trigg, Turnbull, Wallace, Wm. Watts, White, Whit¬ 
tle, Willey, Ira Williams, Woolfolk and Worsham—60. 

Pending the call of the roll, Messrs. Scoggin, Wise and Blue, upon 
motions made, were respectively excused from voting. 

Mr. Whittle moved to amend the amendment by striking therefrom 
the word “ Wednesday/’ and inserting in lieu thereof the words “ to-mor¬ 
row week and the motion being put to the Convention, was rejected. 

On motion of Mr. Wise, the blanks in the resolution of Mr. Cox were 
filled with “ Friday the 18th.” 

l. * The question upon the adoption of the amendment proposed by Mr, 


1 




172 


Trigg was then put to the Convention, and decided in the negative, ayes 
41, noes 4G. 

On his motion, the vote was recorded as follows: 

Ayes —Messrs. Anderson, Armstrong, Arthur, Banks, Bland, Bowden, 
Bowles, Brown, Dale Carter, Fulkerson, Fultz, Gaily, Garland, Goode, 
Hays, Hunter, Johnson, Kenney, Kilgore, Knote, Leake, McCamant, 
Jefferson T. Martin, William Martin, Morris, Neeson, Newman, Seymour, 
Shell, Sheffey, Joseph Smith, Stuart, Summers, Tate, Trigg, Turnbull, 
Van Winkle, Wallace, William Watts, Willey, Worsham—41. 

Nays —Messrs. Mason, (Pres’t.) Barbour, Beale, Mark Bird, Botts, 
Camden, Caperton, John A. Carter, ( hambers. Chambliss, Chilton, Con¬ 
way, Cox, Douglass, Edwards, Ferguson, Finney, Flood, Floyd, Fuqua, 
Muscoe R. H. Garnett, Hill, Hopkins, Janney, Letcher, Ligon, Lionberger, 
Lynch) McCandlish, Meredith, Moore, Price, Ridley, Francis W. Scott, 
Robert G. Scott, James Smith, William Smith, Southall, Stanard, Stephen¬ 
son, Stewart, White, Whittle, Ira Williams, VVoolfolk, Wysor— 46 . 

Mr. Martin, of Henry, proposed the following amendment, as a substi¬ 
tute for the resolution of Mr. Cox: 

Resolved , That after Friday next, the Convention will not postpone a 
vote on the question of the Basis of Representation, now pending in com¬ 
mittee of the whole, on account of the absence of members. 

And the question being put to the Convention, the amendment was re¬ 
jected. 

The question recurred upon the resolution of Mr. Cox, and it was adop¬ 
ted, ayes 51, noes 38. 

On motion of Mr. Cox, the vote was recorded as follows : 

Ayes — Messrs. Mason, (Pres’t.) Barbour, Beale, Botts, Camden, John 
A. Carter, Chambers, Chambliss, Chilton, Conway, Cox, Davis, 
Douglass, Edwards, Ferguson, Finney, Flood, Fuqua, Gaily, Gar¬ 
land, Muscoe R. H. Garnett, Goode, Hill, Hopkins, Hunter, Janney, Kil¬ 
gore, Letcher, Ligon, Lionberger, Lynch, McCandlish, William Martin, 
Meredith, Moore, Morris, Newman, Ridley, Francis W. Scott, Robert G. 
Scott, Sheffey, James Smith, Southall, Stanard, Wallace, William Watts, 
White, Whittle, Ira Williams, Woolfolk, Worsham—51. 

Nays — Messrs. Anderson, Armstrong, Arthur, Banks, M. Bird, Bland, 
Bowden, Bowles, Brown, Caperton, D. Carter, Floyd, Fulkerson, Fultz, 
Hays, Johnson, Kenney, Knote, Leake, McCamant, McComas, Jefferson 
T. Martin, Neeson, Price, Seymour, Shell, Joseph Smith, William Snaith, 
Stephenson, Stewart, Stuart, Summers, Tate, Trigg, Turnbull, Van Win¬ 
kle, Willey, Wysor—38. 

On motion of Mr. Chambliss, the Convention resolved itself into a 
committee of the whole, to continue the consideration of the report of the 
committee on the Basis of Representation, &c.; Mr. Sheffey being in the 
chair. 

After some time, the President resumed the chair, and Mr. Sheffey 
reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 

On motion of Mr. Sheffey, the Convention then adjourned. 


V! 


EVENING SESSION. 

The Convention met pursuant to adjournment, and, on motion of Mr. 



Sheffey, resolved itself into a committee of the whole Convention, to con** 
tinue the consideration of the report of the committee on the Basis of Re¬ 
presentation, &c.; Mr, Sheffey being in the chair. 

After some time, the President resumed the chair, and Mr. Sheffey 
reported that the committee had risen, without coming to any conclusion 
upon the matters referred to them. 

On motion of Mr. Sheffey, the Convention adjourned. 


Saturday, April 5, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

On motion of Mr. Banks, 

Resolved , That after this day, the afternoon sessions of the Convention 
shall commence at four o’clock, instead of seven and ajialf o’clock. 

On motion of Mr. Letcher, 

Resolved , That the order adopted a few days ago, in relation to remo¬ 
ving the sessions of the Convention to the Hall of the House of Delegates, 
be so changed as to substitute “Wednesday next” for “Monday next.” 

On motion of Mr. Carlile, 

Ordered , That when the Convention adjourns this morning, it will 
adjourn to meet on Monday next at ten o’clock. 

On further motion of Mr. Carlile, the Convention resolved itself into 
a committee of the whole Convention, to continue the consideration of the 
report of the committee on the Basis of Representation, &c.; Mr. Cam¬ 
den being in the chair. 

After some time passed in committee of the whole, the President re¬ 
sumed the chair, and Mr. Camden reported that the committee had risen, 
without coming to any conclusion upon the matters referred to them. 

On motion of Mr. Sheffey, the Convention adjourned. 


Monday, April 7, 1851. 

The Convention met pursuant to adjournment, and the journal of Satur¬ 
day’s proceedings was read and approved. 

Mr. Martin, of Marshall, presented a copy of the proceedings of a 
public meeting of citizens of Hancock county “ upon the Basis of Repre- 
tation, and the reforms necessary to be made in the organic law of the 
State,” which, upon his motion, was ordered to be laid upon the table. 

Mr. Smith, of Jackson, presented a copy of the proceedings of a similar 
meeting in the county of Jackson, which was likewise, on his motion, 
ordered to be laid upon the table. 

On motion of Mr. Chambers, 

Resolved , That a committee of seven be appointed to enquire, and re¬ 
port, on the expediency of requiring, by constitutional provision, the remo¬ 
val of free persons of colour from this commonwealth. 

Mr. Chilton proposed the following resolution : 

Resolved , That the Secretary allow and certify in favor of Wm. G. 
Bishop, the reporter to this Convention, five dollars a column for reports 
already made, or that may hereafter be made, in conformity with his con¬ 
tract, until otherwise ordered by the Convention. 

Mr. Woolfolk moved to amend the resolution, by adding thereto the 




following: “ provided the said Wm. G. Bishop will agree that the Conven¬ 
tion may rescind the whole contract at its pleasure. 

Mr. Janney proposed the following amendment, as a substitute for the 
amendment just offered: “provided that the amount of compensation so 
certified for payment shall not exceed an average of $250 per week. 

The amendment of Mr. Janney being under consideration, Mr. Letcher 
Remanded that the main question be now put, and the Convention refused 
to order the main question, ayes 30, noes 60. 

On motion of Mr. Lyons, the vote was recorded as follows : 

Ayes —Messrs. Banks, Barbour, Mark Bird, Bland, Bowden, Broyvn* 
Carlile, Deneale, Fulkerson, Hays, Hill, Hoge, Hopkins, Hunter, Kenney, 
Kilgore, Letcher, Lionberger, McCamant, McCandlish, Newman, Ridley, 
Sheffey, Stewart, Stuart, Taylor, Trigg, Turnbull, Wise, Wysor—30. 

JYays —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Beale, Bowles, 
Byrd, Camden, Caperton, Dale Carter, John A. Carter, Chambers, Chap¬ 
man, Chilton, Davis, Edwards, Ferguson Finney, Fisher, Flood, Floyd, 
Fultz, Fuqua, Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, 
Hall, Jacob, Janney, Johnson, Jones, Knote, Ligon, Lynch, Lyons, Mc- 
Comas, Jefferson T. Martin, William Martin, Meredith, Moore, Neeson, 
Price, Francis W. Scott, Robert G. Scott, Seymour, Shell, Benjamin H. 
Smith, James Smith, Joseph Smith, Southall, Stanard, Summers, Van 
Winkle, Wallace, William Watts, White, Whittle, Willey, Woolfolk, 
Worsham—60. 

Mr. Lyons moved that the resolution and amendments be referred to a 
special committee ; pending the consideration of which, 

On motion of Mr. Lyons, the Convention adjourned, 

AFTERNOON SESSION, 

* 

The Convention met pursuant to adjournment. 

Mr. Woolfolk (leave of the Convention being first had) withdrew 
his amendment to the resolution offered by Mr. Chilton. 

Mr. Fisher moved that the resolution and amendment offered by Mr. 
Janney be laid upon the table; and jthe question being put to the Con¬ 
vention, it appeared that there was not a quorum of members present. 

Mr. Beale moved that there be a call of the Convention ; and the 
motion was rejected, ayes 20, noes 53. 

On motion of Mr. Carlile, the vote was recorded as follows”: 

Ayes —Messrs. Armstrong, Beale, Bland, Brown, Carlile, Dale Carter, 
Fulkerson, Gaily, Jones, Kenney, Kilgore, Letcher, Neeson, Randolph, 
Stewart, Stuart, Trigg, Turnbull, Willey, Worsham—20. 

Nays —Messrs. Mason, (Pres’t.) Anderson, Banks, Barbour, Mark Bird, 
Bowden, Bowles, Camden, Caperton, John A. Carter, Chilton, Cocke, 
Deneale, Edwards, Ferguson, Finney, Flood, Fultz, Garland, Muscoe 
Garnett, Hall, Hays, Hill, Hopkins, Hunter, Janney, Johnson, Knote, Li¬ 
gon, Lionberger, Lynch, Lyons, McCamant, McCandlish, McComas, Wil¬ 
liam Martin, Moore, Newman, Price, Francis W. Scott, Robert E. Scott, 
Shell, Sheffey, Benjamin H. Smith, Joseph Smith, Southall, Stanard, Tay¬ 
lor, Van Winkle, White, Wise, Woolfolk, Wysor—53. 

Mr. Fisher then, with leave of ihe Convention, withdrew his motion, 
and the President stated the question to be upon the adoption of the mo¬ 
tion of Mr. Lyons ; pending the consideration of which, 

On motion of Mr. Carlile, the Convention adjourned. 



Tuesday, April 8,1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

The President announced the following committee, under the resolu¬ 
tion of Mr. Chambers, adopted on yesterday :—Messrs. Chambers, Wil¬ 
ley, Stewart, of Morgan, McCamant, Martin, of Henry, Garland, and 

Hall. 

The President stated the unfinished business to be upon the motion 
of Mr. Lyons, to refer to a special committee the resolution offered by Mr. 
Chilton on yesterday, and an amendment thereto by Mr. Janney. 

Mr. Hopkins moved that the resolution and amendment be indefinitely 
postponed; and upon this question, Mr. Beale demanded that the main 
question be now put, and it was ordered, and the Convention refused to 
postpone the resolution and amendment—ayes 3, noes 7Q. 

On motion of Mr. McCamant, the vote was recorded as follows : 

Ayes —Messrs. Bowden, Hopkins, Worsham—3. 

JYays —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Banks, Bar¬ 
bour, Beale, Bland, Bowles, Braxton, Brown, Camden, Caperton, Carlile, 
Chambers, Chilton, Davis, Deneale, Edwards, Ferguson, Finney, Fisher, 
Flood, Floyd, Fulkerson, Fultz, Gaily, Garland, Muscoe R. H. Garnett, 
Muscoe Garnetf, Goode, Hall, Hays, Hill, Hoge, Hunter, Jacob, Johnson, 
Jones, Kenney, Knote, Leake, Letcher, Ligon, Lionberger, Lynch, Lyons, 
McCamant, McCandlish, McComas, Jefferson T. Martin, William Martin, 
Moore, Neeson, Newman, Price, Ridley, Rives, Francis W. Scott, Robert 
G. Scott, Seymour, Shell, Sheffey, Benj. H. Smith, Jos. Smith, Southall, 
Stephenson, "Stewart, Stuart, Taylor, Trigg, Turnbull, Van Winkle, Wal¬ 
lace, William Watts, White, Whittle, Willey, Woolfolk, Wysor— 79. 

When the name of Mr. Wise was called, on his motion, he was excused 
from voting. 

The question recurred upon the motion of Mr. Lyons, and Mr. BeaLe 
demanded the previous question, which was ordered ; and the Convention 
refused to agree to the motion of Mr. Lyons —ayes 36, noes 49. 

On motion of Mr. Bowden, the vote was recorded as follows: 

Ayes —Messrs. Banks, Barbour, Beale, Bowden, Bowles, Braxton, 
Chambers, Chapman, Davis, Flood, Fultz, Garland, Muscoe R. H. Gar¬ 
nett, Goode, Hall,’ Hill, Hopkins, Janney, Jones, Ligon, Lynch, Lyons, 
McCandlish, William Martin, Moore, Francis W r . Scott, Robert G. Scott, 
Shell, Southall, Stanard, Taylor, Turnbull, Wallace, William Watts, 
Whittle, Worsham—36. 

JVays —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Bland, Brown, 
Camden, Caperton, Carlile, Chilton, Deneale, Edwards, Ferguson, Finney, 
Fisher, Floyd, Fulkerson, Gaily, Muscoe Garnett, Hays, Hunter, Jacob, 
Johnson, Kenney, Kilgore, Knote, Leake, Letcher, Lionberger. McCa¬ 
mant, McComas, Jefferson T. Martin, Neeson, Newman, Price, Ridley, 
Rives, Seymour, Sheffey, Benjamin H. Smith, Joseph Smith, Stephenson, 
Stewart, Stuart, Summers, Trigg, White, Willey, Woolfolk, W r ysor— 
49. 

When the name of Mr. Smith, of Greenbrier, was called, on his mo¬ 
tion, he was excused from voting. 

Mr. Trigg proposed the following amendment, which Mr. Janney, 
with leave of the Convention, accepted in lied of his own : 


176 




Provided , That of the allowance hereafter to be made, if the same 
shall exceed the sum of $250 per week, the excess over and above the 
average of that sum per week shall not be certified for payment until the 
Convention so order. 

The question being upon the adoption of the said amendment, Mr. M. 
R. H. Garnett called the previous question, which was sustained, and 
the amendment rejected—ayes 27, noes 58. 

On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Banks, M. Bird, Bowles, Ed¬ 
wards, Flood, Garland, Muscoe Garnett, Goode, Hill, Janney, Kenney, 
Ligon, Lynch, Lyons, McCandlish, Ridley, Robert G. Scott, Southall, 
Stanard, Trigg, Turnbull, Wallace, William Watts, Whittle, Worsham— 
27. 

Nays —Messrs. Armstrong, Barbour, Beale, Bland, Botts, Bowden, 
Braxton, Brown, Camden, Caperton, Carlile, Chambers, Chapman, Chil, 
ton, Davis, Deneale, Ferguson, Finney, Fisher, Floyd, Fulkerson, Fultz, 
Gaily, Hall, Hays, Hunter, Jacob, Johnson, Jones, Kilgore, Knote, Leake, 
Letcher, Lionberger, McCamant, McComas, Jefferson T. Martin, William 
Martin, Moore, Neeson, Newman, Price, Rives, Francis W. Scott, Sey¬ 
mour, Shell, Sheffey, Benjamin PI. Smith, Joseph Smith, Stephenson, 
Stewart, Stuart, Summers, Taylor, Van Winkle, White, Willey, Wy- 
sor—58. 

The question then recurred upon the adoption of the resolution of Mr. 
Chilton, and it was decided in the affirmative, and the resolution adopted, 
ayes 68, noes 20. 

On motion of Mr. Bowden, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Preset.,) Anderson, Armstrong, Barbour, Mark 
Bird, Bland, Botts, Braxton, Brown, Camden, Caperton, Carlile, Chap¬ 
man, Chilton, Cocke, Davis, Deneale, Edwards, Ferguson, Finney, Fisher, 
Flood, PToyd, Fulkerson, PTiltz, Gaily, Garland, Muscoe Garnett, Hall, 
Hays, Hunter, Jacob, Janney, Johnson, Jones, Kenney, Kilgore, Knote, 
Leake, Letcher, Ligon, Lionberger, McCamant, McComas, Jefferson T. 
Martin, William Martin, Moore, Neeson, Newman, Price, Ridley, Rives, 
Seymour, Sheffey, Benjamin H. Smith, Joseph Smith, Stephenson, Stew¬ 
art, Stuart, Summers, Taylor, Trigg, Yan Winkle, William Watts, White, 
Willey, Woolfolk, Wysor—68. 

Nays —Messrs. Banks, Beale, Bowden, Bowles, Chambers, Goode, Hill, 
Hopkins, Lynch, Lyons, McCandlish, Francis W. Scott, Robert G. Scott, 
Shell, Southall, Stanard, Turnbull, Wallace, Whittle, Worsham—20. 

On motion of Mr. Botts, 

Ordered , That the order adopted some days ago, in relation to holding 
the sessions of the Convention in the Capitol, be rescinded, and that on 
and after Monday next, the Convention will meet and hold its sessions at 
the Capitol. 

Mr. Fisher presented a copy of the proceedings of a public meeting of 
citizens of Mason county, in relation to the Basis of Representation, and 
the principles which should control the representatives from that district 
in the Convention. 

On motion of Mr. Fisher, 

Ordered, That the said paper be laid upon the table. 

On motion of Mr. Leake, the Convention resolved itself into a com- 


mittee of the whole for the purpose of continuing the consideration of 
the report of the committee on the basis of representation, &c ; Mr. 
Sheffey, being in the chair. 

After some time, the President resumed the chair, and Mr. Sheffey, 
reported that the committee had come to no conclusion upon the mat¬ 
ters referred to them, and had risen. 

On motion of Mr. Sheffey, the Convention then adjourned. 


AFTERNOON SESSION. 


On motion of Mr. Newman, the Convention resolved itself into a 
committee of the whole upon the report of the committee on the basis 
of representation, &c.; Mr. Sheffey, being in the chair. 

After some time, the President resumed the chair, and Mr. Shef¬ 
fey, reported that the committee had come to no conclusion upon the 
matters referred to them, and had risen. 

The President submitted a communication from George W. Mun- 
ford, Esq., Clerk of the House of Delegates, which was read as follows : 


Clerk’s Office, April 8, 1851. 

Sir, 

In compliance with the request of the Convention, I have the 
honor to enclose a statement shewing the amount of appropriations made 
by the last general assembly, on the part of the State, to works of inter¬ 
nal improvement, in the four grand divisions of the commonwealth. 

As some of the improvements are in parts of several divisions, I have 
stated them separately. 

With great respect, 

I am yours, &c., 

GEORGE W. MUNFORD, 

C. H. D. 


Hon. Jno. Y. Mason, 

President of the Convention. 


On motion of Mr. Dene ale, 

Ordered , That the communication just read, and the accompanying 
documents, be laid upon the table. 

On motion of Mr. Price, the Convention then adjourned. 


Wednesday, April 9, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

On motion of Mr. Chambers, the special Committee upon the subject 
of the cc removal of free persons of colour from the Commonwealth,” 
was enlarged by the addition of the following members : 

Messrs. Wise, Ridley, Wallace, M. R. H. Garnett, Scoggin, and Ar¬ 
thur R. Smith. 

Mr. Bowden presented a petition of citizens of the Counties of 
James City and York, in relation to the consolidation of the said Coun¬ 
ties and the Counties of Elizabeth City and Warwick. 

On motion of Mr. Bowden, 

Ordered , That the said petition be referred to a special Committee, 
23 




178 


consisting of Messrs. Bowden, Summers, Letcher, McCandlish, Ran¬ 
dolph, Janney, and Beale. 

On further motion of Mr. Bowden, the Convention resolved itself in¬ 
to a Committee of the whole to continue the consideration of the Re¬ 
port of the Committee on the Basis of Representation, &c., Mr. Shef- 
fey being in the chair. 

After some time, the President resumed the chair, and Mr. Shef- 
fey reported that the Committee had risen without coming to any con¬ 
clusion upon the matters referred to them. 

Mr. Seymour submitted a motion, that the order directing evening 
sessions of the Convention be rescinded ; and upon this, Mr. Stanard 
demanded the previous question. When it appeared that there was not 
a quorum of members voting. 

Upon the demand for the previous question, the vote was again ta¬ 
ken, and it again appeared that there was not a quorum of members 
present; being ayes 45, noes 17. 

On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Banks, Mark Bird, Botts, Bowles, Brax¬ 
ton, Richard E. Byrd, Camden, Cocke, Cox, Finney, Flood, Fulker¬ 
son, Gaily, Garland, Goode, Hays, Janney, Johnson, Kilgore, Knote, 
Leake, Letcher, McCamant, Moore, Neeson, Petty, Price, Randolph, 
Rives, Francis W. Scott, Seymour, Arthur R. Smith, Benjamin H. 
Smith, James Smith, William Smith, Stanard, Stephenson, Summers, 
Van Winkle, Wallace, Samuel Watts, William Watts, Whittle, Wor¬ 
sham—45. 

Noes —Messrs. John Y. Mason, (Preset,) Armstrong, Barbour, Beale, 
Fisher, Muscoe Garnett, Hall, Jacob, Lionberger, Jefferson T. Martin, 
Newman, Pendleton, Sheffey, Joseph Smith, Trigg, Turnbull, Wysor 
—17. 

On motion of Mr. Muscoe Garnett, the Convention adjourned. 


AFTERNOON SESSION. 

The Convention met, and the President stated the unfinished bu¬ 
siness to be upon the motion of Mr. Stanard, that the main question on 
Mr. Seymour’s motion be now put. 

The question being propounded by the President, it was ascertained 
that there was not a quorum of members present; being ayes 48, noes 
11 . 

On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Banks, Mark Bird, Bowden, Bowles, 
Brown, Camden, Carlile, Chilton, Davis, Edwards, Faulkner, Flood, 
Fulkerson, Fuqua, Gaily, Garland, Goode, Hays, Hill, Hopkins, Hun¬ 
ter, Jacob, Janney, Johnson, Kenney, Kilgore, Leake, Letcher, Ligon, 
W. Martin, Moore, Newman, Petty, Price, F. W. Scott, Shell, Sheffey, 

A. R. Smith, Benjamin H. Smith, Stanard, Stephenson, Jas. E. Ste¬ 
wart, Archibald Stuart, Summers, Tunis, Whittle, Willey—48. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Beale, Cham¬ 
bliss, Claiborne, Fisher, Muscoe Garnett, Hall, Lionberger. Jefferson T. 
Martin, Turnbull—11. 

Mr. Fisher moved that the Convention do adjourn, and the motion ' 
was rejected. 





The question was again propounded upon the motion of Mr. Stan¬ 
ard, and decided in the affirmative—ayes 59, noes 13. 

On motion of Mr. Stanard the vote was recorded as follows : 

Ayes —Messrs. Anderson, Banks, Mark Bird, Bowden, Bowles, Brax¬ 
ton, Brown, Camden, Carlile, Chambliss, Chilton, Cox, Davis, Ed¬ 
wards, Faulkner, Finney, Flood, Fulkerson, Fuqua, Gaily, Garland, 
Goode, Hays, Hill, Hoge, Hopkins, Hunter, Jacob, Janney, Johnson, 
Kenney, Kilgore, Knote, Leake, Letcher, Ligon, Lynch Wm. Martin, 
Moore, Neeson, Newman, Petty, Price, F. W. Scott, Shell, ShefFey, 
Arthur R. Smith, Benjamin H. Smith, William Smith, Stanard, Ste¬ 
phenson, Archibald Stuart, Summers, Tunis, Wallace, Samuel Watts, 
Whittle, Willey, Worsham—59. 

Noes —Messrs. Mason, (Preset,) Armstrong, Beale, John A. Carter, 
Claiborne, Garnett, Hall, Lionberger, Jefferson T. Martin, Pendleton, 
Taylor, Trigg, Turnbull—13. 

The motion of Mr. Seymour was then adopted—ayes 41, noes 37. 

On motion of Mr. Muscoe Garnett, the vote was recorded as fol¬ 
lows : 

Ayes — Messrs. John Y. Mason, (Preset,) Mark Bird, Bowden, 
Braxton, Brown, Camden, Carlile, Chilton, Claiborne, Cox, Davis, 
Edwards, Faulkner, Fisher, Garland, Goode, Hays, Hopkins, Hunter, 
Janney, Johnson, Kilgore, Knote, Letcher, Ligon, McComas, Neeson, 
Petty, Rives, Shell, A. R. Smith, Benj. H. Smith, Stanard, Stephen¬ 
son, James E. Stewart, Archibald Stuart, Summers, Taylor, Van 
Winkle, Wallace, Samuel Watts—41. 

Noes —Messrs. Anderson, Armstrong, Banks, Beale, Bowles, John 
A. Carter, Chambliss, Finney, Flood, Fulkerson, Fuqua, Gaily, Mus¬ 
coe Garnett, Hall, Hill, Hoge, Jacob, Kenney, Leake, Lionberger, 
Lynch, Jefferson T. Martin, William Martin, Moore, Newman, Pen¬ 
dleton, Price, Francis W. Scott, ShefFey, Joseph Smith, Wm. Smith, 
Trigg, Tunis, Turnbull, Whittle, Willey, Worsham—37. 

Mr. Claiborne moved that the Convention resolve itself into a Com¬ 
mittee of the whole Convention for the purpose of continuing the con¬ 
sideration of the report of the committee on the basis of representa¬ 
tion, &c. 

Mr. Goode submitted a motion, that the Convention now adjourn ; 
and the motion was rejected—ayes 36, noes 42. 

On motion of Mr. Pendleton, the vote was recorded as follows : 

Ayes — Messrs. John Y. Mason, (Preset,) Bowden, Camden, Carlile, 
Chilton, Claiborne, Davis, Edwards, Finney, Fisher, Gaily, Garland, 
Muscoe R. H. Garnett, Goode, Hays, Hoge, Janney, Johnson, Letcher, 
Ligon, McComas, Jefferson T. Martin, William Martin, Neeson, Rives, 
Francis W. Scott, Shell, Benjamin H. Smith, Joseph Smith, Stanard, 
Stephenson, Jas. E. Stewart, Summers, Tunis, Van Winkle, Willey 
—36. 

Noes —Messrs. Anderson, Armstrong, Banks, Bowles, Braxton, 
Brown, John A. Carter, Chambliss, Cox, Faulkner, Flood, Fulkerson, 
Fultz, Fuqua, Muscoe Garnett, Hall, Hill, Hopkins, Hunter, Jacob, 
Kenney, Kilgore, Knote, Leake, Lionberger, Lynch, Moore, Newman, 
Pendleton, Petty, Price, Randolph, ShefFey, Arthur R. Smith, William 
Smith, Archibald Stuart, Taylor, Trigg, Turnbull, Wallace, Samuel 
Watts, Whittle, Worsham—42. 


180 


The question, then recurred upon the motion of Mr. Claiborne, 
pending the consideration of which, 

On motion of Mr. Bowden, the Convention adjourned. 

Thursday, April 10, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Garland presented a copy of the proceedings of a public meet¬ 
ing of citizens of Albemarle county, upon the subject of the “ basis of 
representation,” which, on his motion, was ordered to be laid upon 
the table. 

The President stated the unfinished business of yesterday to be 
upon the motion of Mr. Claiborne, that the Convention resolve it¬ 
self into a committee of the whole ; and the question being put was 
decided in the affirmative, and Mr. Miller called to the chair. 

After sometime the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion, and had risen. 

Mr. Jacob submitted the following resolution ; 

Resolved , That from and after to-day there shall be evening sessions 
of the Convention, to commence daily at half past seven o’clock. 

Mr. Martin, of Marshall, moved to amend the resolution by striking 
there from the words “ half past seven” and inserting in lieu thereof 
the word a four.” 

Mr. Smith, of Greenbrier, moved that the Convention do adjourn, 
and the motion was rejected. Ayes 27, noes 48. 

On motion of Mr. Anderson, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Preset.) Braxton, Camden, Chil¬ 
ton, Cocke, Cox, Davis, Edwards, Finney, Garland, Hopkins, Janney, 
McCamant, Miller, Petty, Robert E. Scott, R. G. Scott, Shell, Benja¬ 
min H. Smith, William Smith, Southall, Summers, Taylor, Yan Win¬ 
kle, Wallace, Samuel Watts, Ira Williams—27. 

Noes —Messrs. Anderson, Armstrong, Banks, Mark Bird, Bowden, 
Bowles, Brown, Richard E. Byrd, Dale Carter, Deneale, Flood, Ful¬ 
kerson, Gaily, Hall, Hays, Hill, Jacob, Johnson, Kenney, Kilgore, 
Knote, Leake, Letcher, Ligon, Lionberger, Lynch, Jefferson T. Mar¬ 
tin, William Martin, Moore, Neeson, Newman, Pendleton, Price, Ran¬ 
dolph, Seymour, Sheffey, Arthur R. Smith, Joseph Smith, Stephen¬ 
son, Archibald Stuart, Trigg, Tunis, Turnbull, White, Whittle, Wil¬ 
ley, Woolfolk, Worsham—48. 

Mr. Anderson, submitted amotion that the resolution and amend¬ 
ment be laid upon the table, and the motion was decided in the affir¬ 
mative. 

Mr. Martin, of Marshall submitted a motion that the Convention 
take a recess until the sixteenth of the present month ; pending the 
consideration of which. 

On motion of Mr. Letcher, the Convention adjourned. 

Friday, April 11, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Daniel Jasper, Esq. a delegate from the Prince William district, elec¬ 
ted to fill the vacancy occasioned by the resignation of Richard C. L. 
Moncure, Esq., appeared and took his seat. 





181 


The President stated the unfinished business to be upon the adop¬ 
tion of a resolution proposed by Mr. Martin, of Marshall, on yester¬ 
day ; whereupon, Mr. Martin, by leave of the Convention, withdrew 
his resolution. 

On motion of Mr. Camden, a communication from the clerk of the 
House of Delegates, received some days ago, was taken up, and on mo¬ 
tion of Mr. Stewart, of Morgan, ordered to be printed. 

On motion of Mr. Camden, 

Ordered , That two thousand extra copies of the said communication 
be printed for the use of the Convention—ayes 64, noes 23. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (PresH,) Anderson, Armstrong, 
Mark Bird, Braxton, Brown, Camden, Carlile, Dale Carter, John A. 
Carter, Davis, Finney, Fisher, Fulkerson, Fultz, Gaily, Garland, Mus- 
coe R. H. Garnett, Muscoe Garnett, Hall, Hays, Hoge, Hopkins, Hun¬ 
ter, Jacob, Janney, Johnson, Kenney, Kilgore, Knote, Leake, Letcher, 
Lionberger, McCamant, McOomas, Jefferson T. Martin, William Mar¬ 
tin, Miller, Moore, Morris, Murphy, Neeson, Newman, Pendleton, Price, 
Randolph, Rives, Seymour, Sheffey, Benjamin H. Smith, Joseph 
Smith, Stephenson, Jas. E. Stewart, Archibald Stuart, Summers, Tay¬ 
lor, Trigg, Van Winkle, Wallace, William Watts, White, Willey, Ira 
Williams, Wysor—64. 

Noes— Messrs. Banks, Barbour, Bowles, Chambliss, Chilton, Clai- 
-- borne, Edwards, Flood, Fuqua, Goode, Hill, Ligon, Lynch, Petty, Ro¬ 
bert E. Scott, Shell, Arthur R. Smith, Tunis, Turnbull, Samuel Watts, 
Whittle, Woolfolk, Worsham—23. 

Pending the call of the roll, on motion of Mr. Edmunds, he was ex¬ 
cused from voting upon all questions, having paired off with Mr. 
Wise. 

On motion of Mr. Claiborne, the Convention resolved itself into a 
committee of the whole, to continue the consideration of the report of 
the committee on the basis of representation, &c.; Mr. Miller being 
in the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the mat¬ 
ters referred to them and had risen. 

On motion of Mr. Anderson, 

Resolved , That the order in relation to removing the sessions of the 
Convention to the hall of the house of delegates, be so changed as to re¬ 
quire the sittings of the body to be held therein, on and after to-mor¬ 
row. 

Mr. Claiborne submitted a motion that the Convention resolve it¬ 
self into a committee of the whole, for the purpose of considering the 
report of the committee on the executive department of the govern¬ 
ment ; pending the consideration of which, 

On motion of Mr. Letcher, the Convention adjourned—ayes 56, 
noes 35. 

On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Preset,) Anderson, Armstrong, 
Mark Bird, Botts, Camden, Carlile, Dale Carter, J. A. Carter, Chambers, 
Chilton, Edwards, Floyd, Fultz, Gaily, Garland, Goode, Hays, Hoge, 
Hunter, Jacob, Janney, Johnson, Kilgore, Knote, Letcher, McCamant, 


182 


McComas, J. T. Martin, Miller, Moore, Morris, Murphy, Neeson, Pen¬ 
dleton, Petty, Price, Randolph, Rives, Robert E. Scott, Seymour, Shef- 
fey, Benjamin H. Smith, Joseph Smith, William Smith, Southall, Ste¬ 
phenson, Jas. E. Stewart, Archibald Stuart, Summers, Van Winkle, 
Wallace, William Watts, White, Willey, Wysor—56. 

Noes— Messrs. Banks, Barbour, Bowles, Braxton, Chambliss, Clai¬ 
borne, Cocke, Davis, Finney, Flood, Fulkerson, Fuqua, Muscoe R. 
H. Garnett, M. Garnett, Hall, Hill, Hopkins, Jasper, Kenney, Leake, 
Ligon, Lionberger, Lynch, William Martin, Newman, Shell, Arthur R. 
Smith, Stanard, Taylor, Trigg, Tunis, Turnbull, Samuel Watts, 
Woolfolk, Worsham—35. 

Saturday, April 12, 1851. 

The Convention met pursuant to adjournment, and after the selec¬ 
tion of seats by the members, in accordance with the order adopted on 
the first day of April, the journal of yesterday’s proceedings was read 
and approved. 

The President stated the unfinished business to be the resolution 
proposed on yesterday, by Mr. Claiborne; when 

On motion of Mr. Taylor, it was 

Ordered , That the said resolution be laid upon the table. 

Mr. Flood proposed the following resolution : 

Resolved , That a committee be appointed, to whom shall be referred 
the u Report of the Second Auditor, in relation to the various internal 
improvements in the four grand divisions of the State, to the construc¬ 
tion of which the State has contributed by subscriptions, loans and ap¬ 
propriations,” with instructions to examine the same, and report such 
corrections as may appear necessary. 

After discussion, Mr. Claiborne demanded that the main question 
be now put, and it was ordered by the Convention, and the resolution 
adopted. 

On motion of Mr. Anderson, 

Ordered , That the said committee consist of nine members. 

Mr. Sheffey proposed the following resolution : 

Resolved , That the Secretary be authorized, on such terms as he 
may deem judicious, to dispose of so much of the furniture procured 
for the use of the Convention, during its sessions in the Universalist 
Church, as the trustees will accept, in part payment of the rent of said 
church ; and that he cause to be sold the residue of said furniture, or 
so much thereof as may not be needed in the capitol; and that he pay 
the proceeds into the treasury of the commonwealth. 

Mr. Letcher moved to amend the said resolution by striking there¬ 
from the word “ Secretary,” and inserting in lieu thereof, “ the com¬ 
mittee on preparing for the meeting of the Convention, in the Univer¬ 
salist church,” and the motion was decided in the negative, and the 
resolution of Mr. Sheffey adopted. 

Mr. Letcher proposed the following resolution : 

Resolved , That the Second Auditor be requested to lay before this 
body, at the earliest day practicable, his reasons for the classification of 
the improvements, as shown in his report. 

Mr. M. R. H. Garnett moved that the said resolution be referred to 
the special committee ordered on motion of Mr. Flood, and the mo¬ 
tion was rejected. 



183 


Upon the resolution of Mr. Letcher, Mr. Carlile demanded the 
previous question, which was sustained, and the resolution adopted. 

On motion of Mr. Anderson, 

Ordered , That the communication received from the Clerk of the 
house of delegates some days ago, he referred, likewise, to the special 
committee directed to be raised on motion of Mr. Flood. 

On motion of Mr. M. R. H. Garnett, the Cunvention adjourned. 

Monday, April 14, 1851. 

The Convention met pursuant to adjournment, and was opened 
with prayer by the Rev. Dr. Early, of the Methodist church, after 
which the journal of Saturday’s proceedings was read and approved. 

The President announced the following committee under a resolu¬ 
tion adopted by the Convention on Saturday, on motion of Mr. Flood: 
Messrs. Flood, Ferguson, Anderson, Chambliss, Barbour, Faulkner, 
Camden, M. R. H. Garnett, William Martin. 

On motion of Mr. Hall, the Convention resolved into a committee 
of the whole, to continue the consideration of the report of the com¬ 
mittee on the basis of representation, &c.; Mr. Miller being in the chair. 

After some time, the President resumed the chair, and Mr. Mil¬ 
ler reported that the committee had come to no conclusion upon the 
matters referred to them, and had risen. 

On motion of Mr. Lyons, the Convention then adjourned. 

Tuesday, April 15, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Pendleton submitted a motion, that when the Convention ad¬ 
journ this morning, it adjourn to meet at four o’clock this afternoon. 

Mr. Letcher moved to amend the motion by striking therefrom the 
word u four,” and inserting in lieu thereof the words u half past seven.” 

Mr. Miller moved that the resolution and amendment be laid upon 
the table, and the motion was decided in the negative. 

The amendment proposed by Mr. Letcher, was then rejected. 

Mr. Pendleton, by leave of the Convention, so modified his reso¬ 
lution as to change the hour of meeting from u four ” to u half past 
four. ’ ’ 

Mr. Taylor submitted a motion to lay the resolution upon the table, 
which was rejected, and the resolution adopted. 

On motion of Mr. Smith, of Jackson the Convention resolved itself 
into a committee of the whole Convention, upon the report of the com¬ 
mittee on the basis of representation, &c.; Mr. Miller being in the 
chair. 

After some time the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 

On motion of Mr. Kenney, the Convention then adjourned. 

AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

The President submitted a communication from Robert Johnston, 
Esq., First Auditor, which was read as follows: 





184 


Auditor’s Office, 
Richmond, April 15, 1851. 


Src, 

I have the honor of furnishing you herewith, “ A statement 
shewing the value of all the real estate and personal property in each 
of the counties, cities and towns of the commonwealth, taxed in 1849 
and 1850, and exhibiting the value thereof in each of the grand divi¬ 
sions of the State ; prepared in compliance with a resolution of the 
Convention, adopted on the 21st of October, 1850. 

I am, with great respect, 

Your obedient servant, 

ROBERT JOHNSTON, 

First Auditor, 

To the Hon. John Y. Mason, 

President of the Virginia State Convention. 

On motion of Mr. Faulkner, 

Ordered That the said communication with the accompanying docu¬ 
ments, be laid upon the table and printed. 

On motion of Mr. Stewart, of Morgan, the Convention resolved it¬ 
self into a committee of the whole upon the report of the committee on 
the basis of representation, &c. ; Mr. Miller being in the chair. 

After some time, the President resumed the chair, and Mr. Mil¬ 
ler reported that the committee had risen, without coming to any con¬ 
clusion upon the matters referred to them. 

On motion of Mr Camden the Convention adjourned. 

Wednesday, April 16, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Johnson, presented a copy of the proceedings of a public mee¬ 
ting of citizens of Ritchie County, in relation to the u basis of repre¬ 
sentation,” which, on his motion, was ordered to be laid upon the ta¬ 
ble. 

Mr. Finney, presented a memorial from citizens of Elizabeth City 
County, remonstrating against the amalgamation of that county, with 
any of the neighboring counties. 

On motion of Mr. Purkins, 

Ordered That the said memorial be referred to the select committee 
upon the subject of consolidating the counties of York, James City, 
Elizabeth City, and Warwick. 

On motion of Mr. Edmunds, the Convention resolved itself into a 
committee of the whole Convention upon the report of the committee 
on the basis of representation, &c.; Mr. Miller being called to the 
chair. 

After some time the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the mat¬ 
ters referred to them and had risen. 

The President presented a communication from J. Brown, Jr., Esq., 
2d. Auditor, which was read as follows. 



185 


Second Auditor’s Office, ) 
15th April, 1851. * ] 

Sir, 

In compliance, in part, with a resolution of the Convention 
of the 18th October last, I have the honor to submit herewith to that 
honourable body, through you, a statement of the whole debt, liabili¬ 
ties and resources of the state on the 30th of September, 1850, in a 
printed form, marked 1, being the same reported by me to the late le¬ 
gislature at the commencement of their session. 

I have also prepared an additional statement of the same subjects, 
brought down to the first day of the present month, in which the “ Li¬ 
abilities” are considered as a debt, and the u Resources” are increas¬ 
ed necessarily in a corresponding degree. 

A portion of the remaining information called for by the resolution, 
has been furnished in different forms to the Convention. The whole 
will be embodied in a distinct document, and transmitted at an early 
day. 

With great respect, 

Your obedient servant, 

J. BROWN, Jr., 
Second Auditor . 

Hon. John Y. Mason, 

President of the Virginia Reform Convention . 

On motion of Mr. Sheffey, 

Ordered , That the said communication, with the accompanying doc¬ 
uments be laid upon the table and printed. 

The President presented also, another communication from J. 
Brown, Jr., Esq., Second Auditor, which was read as follows. 

Second Auditor’s Office, ) 
April 16, 1851 j 

Hon. John Y. Mason, 

Preset Virginia Reform Convention : 

Sir, 

I have the honor to transmit herewith, a response to a resolu¬ 
tion adopted by the State Convention on the 12th inst, requesting my 
reasons for the classification, contained in my report of the 4th of 
March last, which you will please lay before that honorable body. 

With great respect, 

I am, your obedient sv’t. 

J. BROWN, Jr., 
Second Auditor . 

On motion of Mr. M. R. H. Garnett, 

Ordered , That the said communication with the accompanying docu¬ 
ments be referred to the special committee to whom the Second Audi¬ 
tor’s report of the 4th of March, was referred. 

Mr. Hall, submitted a motion that the said communication and doc¬ 
uments together with the resolution of Mr. Carlile, upon which the re¬ 
ports were based, be printed for the use of the Convention. 

Mr. Chambers moved to lay the motion of Mr. Hall upon the table, 
and the motion was rejected. The motion of Mr. Hall was agreed to. 
24 


186 


Mr. Armstrong moved that when the Convention adjourn this morn¬ 
ing it adjourn to meet on this day, and daily hereafter at half past four 
o’clock P. M. 

Mr. Fisher moved that the Convention do adjourn, and it was re¬ 
jected, and the motion of Mr. Armstrong agreed to. 

On farther motion of Mr. Armstrong the Convention adjourned. 


AFTERNOON SESSION. 

The Convention met pursuant to adjournment. 

Mr. Lynch moved that the Convention now go into committee of 
the whole upon the report of the committee on the basis of representation, 
&c., and the question being put it was ascertained that there was not 
a quorum of members present, being ayes 47, noes 3. 

On motion of Mr. Fisher the vote was recorded as follows. 

Ayes— Messrs. John Y. Mason, (Pres't) Anderson, Armstrong, 
Banks, Barbour, Brown, Camden, Chambliss, Edwards, Faulkner, 
Flood, Fuqua, Garland, Muscoe Garnett, Hall, Hays, Janney, Jasper, 
Jones, Kenney, Knote, Letcher, Ligon, Lionberger, Lucas, Lynch, J. 
T. Martin, William Martin, Miller, Neeson, Pendleton, Price, Scoggin, 
Sheffey, Arthur R. Smith, Snowden, Stanard, Stephenson, Straughan, 
Summers, Tate, Tunis, Yan Winkle, White, Williams, Worsham, 
Wysor—47. 

Noes —Messrs. Cocke, Fisher, Purkins —3. 

Mr. Cocke moved that the Convention do now adjourn, and the 
motion was rejected. 

On motion of Mr. Purkins, it was 

Ordered , That there be a call of the Convention; and after proceed¬ 
ing some time therewith, on motion of Mr. Stewart, farther proceed¬ 
ings under the said call were dispensed with ; and the question being 
again propounded upon the motion of Mr. Lynch to go into commit¬ 
tee of the whole, it was ascertained that there was still not a quorum 
present, being ayes 65, noes 00. 

On motion of Mr. Fisher the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Preset,) Anderson, Armstrong, 
Banks, Barbour, Braxton, Brown, Camden, Dale Carter, Chambliss, 
Cocke, Deneale, Edwards, Faulkner, Finney, Flood, Fulkerson, Fu¬ 
qua, Gaily, Garland, Muscoe Garnett, Hall, Hays, Hunter, Jacob, Jan¬ 
ney, Jasper, Jones, Kenney, Knote, Leake, Letcher, Ligon, Lionber¬ 
ger, Lucas, Lynch, Jefferson T. Martin, William Martin, Miller, Mor¬ 
ris, Neeson, Pendleton, Price, Purkins, Randolph, Scoggin, Francis 
W. Scott, Robert E. Scott, Sheffey, Arthur R. Smith, Snowden, South- 
all, Stanard, Stephenson, Jas. E. Stewart, Straughan, Summers, Tate, 
Tunis, Yan Winkle, Whn. Watts, White, Whittle, S. C. Williams, 
Worsham, Wysor—65. 

Afterwards, a quorum of members appearing to be present, the mo¬ 
tion of Mr. Lynch was decided in the affirmative, and Mr. Miller 
called to the chair. 

After some time the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion,and had risen. 

On motion of Mr. Finney, the Convention adjourned. 



187 


Thursday, April 17,1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Flood proposed the following resolution, which was rejected bv 
the Convention: 

Resolved , That the committee appointed to examine the report of the 
Second Auditor be authorized to appoint a clerk. 

On motion of Mr. Letcher, the Convention resolved itself into a 
committee of the whole Convention upon the report of the committee 
on the basis of representation, &c. ; Mr. Miller being in the chair. 

Alter some time, the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the mat¬ 
ters referred to them, and had risen. 

On motion of Mr. Pendleton, 

Ordered , That when the Convention adjourn this morning, it ad¬ 
journ to meet this evening, at half-past seven o’clock. 

Mr. Chilton moved that the order made on the fourth of April, in 
relation to terminating the debate upon the report of the committee on 
the basis of representation, be rescinded. 

Mr. Muscoe Garnett moved that the said motion be laid upon the 
table ; pending the consideration of which, 

On motion of Mr. Chapman, the Convention adjourned. 

EVENING SESSION. 

The Convention met, and the President stated the unfinished bu¬ 
siness to be the motion of Mr. Muscoe Garnett, to lay the motion of 
Mr. Chilton upon the table. 

Whereupon, by leave of the Convention Mr. Garnett withdrew his 
motion, and then, by like leave, Mr. Chilton withdrew his motion. 

On motion of Mr. Claiborne, the Convention resolved itself into a 
committee of the whole Convention upon the report of the committee 
on the basis of representation, &c. ; Mr. Miller being called to the 
chair. 

After some time the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the mat¬ 
ters referred to them, and had risen. 

On motion of Mr. Wise, the Convention then adjourned. 

Friday, April 18, 1851. 

The Convention met pursuant to adjournment, and the journal of yester¬ 
day’s proceedings was read and approved. 

Mr. Hopkins proposed the following resolution : 

Resolved , That the ayes and noes may be ordered and taken in commit¬ 
tee of the whole on the Basis of Representation, in the same manner as in 
the Convention. 

Mr. Letcher moved to lay the resolution upon the table, and the mo¬ 
tion was rejected. 

Mr. Claiborne moved to amend the resolution, by adding thereto, the 
* following : “ but the said vote shall not be reported nor published with the 
debates and proceedings of the Convention.” 




188 


Mr. Letcher moved that the resolution and amendment be indefinitely 
postponed ; and upon this, Mr. Finney demanded the mam question, and 
was sustained, and the motion ot Mr. Letcher decided in the negative, 
ayes 59, noes 65. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Mark Bird, Bland, Brown, 
Richard E. Byrd, Camden, Carlile, Dale Carter, John A. C arter, Chap¬ 
man, Cook, Faulkner, Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, 
Hoge, Hunter, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lion- 
berger, Lucas, McCamant, McCandlish McComas, Jefferson T. Martin, 
Miller, Moore, Murphy, Neeson, Newman, Pendleton, Price, Seymour, 
Sheffey, Benjamin H. Smith, Joseph Smith, William Smith, Snodgrass, 
Stephenson, Stewart, Stuart, Summers, Tate, Trigg, Van Winkle, William 
Watts, White, Willey, Samuel C. Williams, Wise, Wysor—59. 

Nays —Messrs. Mason, (Pres’t.) Banks, Barbour, Beale, Bowles, 
Braxton, Burgess, Chambers, Chambliss, Chilton, Claiborne, Cocke, Con¬ 
way, Cox, Davis, Douglass, Edmunds, Edwards, Finney, Flood, Fuqua, 
Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, 
Hopkins, Janney, Jasper, Jones, Leake, Ligon, Lynch, Lyons, William 
Martin, Meredith, Morris, Petty, Purkins, Randolph, Ridley, Rives, Saun¬ 
ders, Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, Shell, 
Arthur R. Smith, James Smith, Snowden, Southall, Stanard, Straughan, 
Strother, Tredway, Tunis, Turnbull, Wallace, Samuel Watts, Whittle, 
Ira Williams, Woolfolk, Worsham—65. 

When the name of Mr. Wingfield was called, on his motion he was 
excused from voting on all questions; having paired off with Mr. 
Blue. 

The question was then put, upon the amendment of Mr. Claiborne, 
and it was decided in the negative. 

Mr. Letcher moved to amend the resolution of Mr. Hopkins by adding, 
after the word u Representation,” the following words : u and any other 
question that may arise in the committee of the whole”—and the question 
being put to the Convention, the amendment was adopted, ayes 76, noes 
49. 


On motion of Mr. Floyd, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Banks, Mark Bird, Bland, Botts, 
Brown, Richard E. Byrd, Camden, Carlile, Dale Carter, John A. Carter, 
Chambers, Chapman, Claiborne, Cocke, Conway, Cook, Cox, Davis, 
Faulkner, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, 
Hopkins, Hunter, Jacob, Jasper, Johnson, Kenney, Kilgore, Knote, 
Letcher, Ligon, Lionberger, Lucas, Lyons, McCamant, McComas, Jeffer¬ 
son T. Martin, William Martin, Moore, Murphy, Neeson, Newman, Pen¬ 
dleton, Price, Randolph, Rives, Francis W. Scott, Robert G. Scott, Sey¬ 
mour, Sheffey, Benjamin H. Smith, Joseph Smith, William Smith, Snod¬ 
grass, Stephenson, Stewart, Stuart, Summers, Tate, Trigg, Yan Winkle, 
William Watts, White, Whittle, Willey, Samuel C. Williams, Wise, Wy¬ 
sor—76. 


Nays —Messrs. Mason, (Pres’t.) Barbour, Beale, Bowles, Braxton, 
Burgess, Chambliss, Chilton, Douglass ; Edmunds, Edwards, Finney, Flood, 
Fuqua, Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, 
Hill, Janney, Jones, Leake, Lynch, McCandlish, Meredith, Miller, Petty, 


189 


Purkins, Ridley, Saunders, Scoggin, Robert E. Scott, Shell, Arthur R. 
Smith, James Smith, Snowden, Southall, Stanard, Straughan, Strother, 
Tredway, Tunis, Turnbull, Wallace, Samuel Watts, Ira Williams, Wool- 
folk, Worsham—49. 

The question then recurred upon the adoption of the resolution as amen¬ 
ded, and upon this Mr. Stanard called the previous question, which was 
ordered, and the resolution as amended was adopted, ayes 68, noes 59. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Banks, Barbour, Beale, Botts, Bowles, 
Braxton, Burgess, Chambers, Chambliss, Chilton, Claiborne, Cocke, 
Conway, Cox, Davis, Douglass, Edmunds, Edwards, Finney, Flood, 
Fuqua, Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, 
HilL, Hopkins, Janney, Jasper, Jones, Kenney, Leake, Ligon, Lynch, 
Lyons, McCandlksh, William Martin, Meredith, Morris, Petty, Purkins, 
Randolph, Ridley, Rives, Saunders, Scoggin, Francis W. Scott. Robert 
E. Scott, Robert G. Scott, Shell, Arthur R. Smith, James Smith, Snow¬ 
den, Southall, Stanard, Straughan, Strother, Tredway, Tunis, Turn- 
bull, Wallace, Samuel Watts, Whittle, Ira Williams, Woolfolk, Wor¬ 
sham—68. 

Nays —Messrs. Anderson, Armstrong, Mark Bird, Bland, Brown, 
Richard E. Byrd, Camden, Caperton, Carlile, Dale Carter, John A. 
Carter, Chapman, Cook, Faulkner, Ferguson, Fisher, Floyd, Fulker¬ 
son, Fultz, Gaily, Hays, Hoge, Hunter, Jacob, Johnson, Kilgore, Knote, 
Letcher, Lionberger, Lucas, McCamant, McComas, Jefferson T. Martin, 
Miller, Moore, Murrhy, Neeson, Newman, Pendleton, Price, Seymour, 
Sheffey, Benjamin H. Smith, Joseph Smith, William Smith, Snodgrass, 
Stephenson, Stewart, Stuart, Summers, Tate, Trigg, Yan Winkle, 
William Watts, White, Willey, Samuel C. Williams, Wise Wysor— 
59. 

The resolution as amended and adopted is as follows: 

Resolved , That the ayes and noes may be ordered and taken in com¬ 
mittee of the whole on the basis of representation, and on any other ques¬ 
tion that may arise in the committee of the whole, in the same manner 
as in the Convention. 

Mr. Wise submitted a motion that the order terminating the debate 
in the committee of the whole, on the Basis question, be rescinded. 

Mr. Finney moved to amend the said motion by substituting there¬ 
for the following: 

Resolved , That the order of this Convention to close the debate on 
the Basis question to-day at 1 o’clock, be suspended till next Wednes¬ 
day at 1 o’clock. 

Mr. Carlile moved to amend the amendment by striking out all 
after the word “Wednesday,” and inserting “the 30th inst. ; provided 
the committee expressly reserves to itself the right to take the question 
a tan earlier day, if it shall be determined by them to do so. 

The question being put upon the said amendment, it was rejected. 

Mr. Lyons moved to amend the amendment by striking therefrom 
the word “Wednesday,” and inserting in lieu thereof the word “ Fri¬ 
day.” 

Mr. Pendleton demanded the main question upon the amendment of 
Mr. Lyons, and it was ordered, and the amendment rejected. 


190 


The question then recurred upon the amendment of Mr. Finney. 
and it was decided in the negative, ayes 46, noes 79. 

On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes —Messrs. Mason, [Pres’t.] Anderson, Barbour, Braxton, Bur¬ 
gess, Chambliss, Cocke, Conway, Cox, Davis, Douglass, Edmunds, Ed¬ 
wards, Faulkner, Finney, Flood, Muscoe R. H. Garnett, Muscoe Gar¬ 
nett. Hall, Hunter, Janney, Jones, Leake, Lucas, Lynch, Lyons, 
McCandlish, William Martin, Meredith, Miller, Murphy, Petty, Purkins, 
Ridley, Rives, Saunders, Francis W. Scott, Arthur R. Smith, Snowden, 
Stanard, Straughan, Tredway, Samuel Watts, William Watts, Wool- 
folk, Worsham—46. 

Nays —Messrs. Armstrong, Banks, Beale, Mark Bird, Bland, Botts, 
Bowles, Brown, Richard E. Byrd, Camden, Caperten, Carlile, Dale 
Carter, John A. Carter, Chambers, Chapman, Chilton, Cook, Ferguson, 
Fisher, Floyd, Fulkerson, Fultz, Fuqua, Gaily, Garland, Hays, Hill, 
Hoge, Hopkins, Jacob, Jasper, Johnson, Kenney, Kilgore, Knote, 
Letcher, Ligon, Lionberger, McCamant, McComas, Jefferson T. 
Martin, Moore, Morris, Neeson. Newman, Pendleton, Price, Randolph, 
Scoggin, Robert E. Scott, Robert G. Scott, Seymour, Shell, Sheffey, 
Benjamin H. Smith, James Smith, Joseph Smith, William Smith, Snod¬ 
grass, Southall, Stephenson, Stewart, Strother, Stuart, Summers, Tate, 
Trigg, Tunis, Turnbull, Van Winkle, Wallace, White, Whittle, Willey, 
Ira Williams, Samuel C. Williams, Wise, Wysor—79. 

The question then arose upon the motion of Mr. Wise, and Mr. Pen¬ 
dleton demanded the previous question, and was sustained, and the 
motion of Mr. Wise decided in the affirmative, ayes 73, noes 49. 

On motion of Mr. Fuqua, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Mark Bird, 
Bland, Botts, Brown, Burgess, Camden, Caperton, Carlile, Dale Carter, 
John A. Carter, Chambliss, Chapman, Chilton, Conway, Cook, Cox, 
Faulkner, Ferguson, Fisher, Floyd, Fultz, Gaily, Garland, Goode, 
Hays, Hoge, Hopkins, Hunter, Jacob, Janney, Johnson, Knote, Letcher, 
Ligon, Lionberger, Lucas, McCamant, McCandlish, McComas, Jefferson 
T. Martin, William Martin, Miller, Moore, Morris, Murphy, Neeson, 
Pendleton, Price, Randolph, Francis W. Scott, Robert E. Scott, Sey¬ 
mour, Sheffey, Benjamin H. Smith, Joseph Smith, William Smith, 
Snodgrass, Stephenson, Stewart, Stuart, Summers, Tate, Tredway, 
Trigg, Van Winkle, White, Willey, Samuel C. Williams, Wise, Wysor 
—73. 

Nays —Messrs. Banks, Barbour, Beale, Bowles, Braxton, Richard E. 
Byrd, Chambers, Cocke, Davis, Edmunds, Edwards, Finney, Flood, 
Fuqua, Muscoe R. H. Garnett, Muscoe Garnett, Hall, Hill, Jasper, 
Jones, Kenney, Leake, Lynch, Lyons, Meredith, Newman, Petty, Pur¬ 
kins, Ridley, Rives, Saunders, Scoggin, Robert G. Scott, Shell, Arthur 
R. Smith, James Smith, Snowden, Southall, Stanard, Strother, Tunis, 
Turnbull, Wallace, Samuel Watts, William Watts, Whittle, Ira Wil¬ 
liams, Woolfolk, Worsham—49. 

Mr. M. R. H. Garnett proposed the following resolution : 

Resolved , That the debate shall cease, and the vote in committee of 
the whole on the report of the committee on the Basis of Representa¬ 
tion with amendments, shall be taken on the day of 


191 


Mr. Chapman moved to lay the said resolution upon the table, and 
the motion was decided in the affirmative,ayes 63, noes 61. 

On motion of Mr. Lyons, the vote was recorded as follows : 

Aye,s Messrs. Anderson, Armstrong, Mark Bird, Bland, Botts, 
Brown, Richard E. Byrd, Camden, Caperton, Carlile, Dale Carter, 
Chapman, Chilton, Cook, Ferguson, Fisher, Floyd, Fulkerson, Fultz, 
Gaily, Garland, Hays, Hill, Hoge, Hopkins, Hunter, Jacob, Johnson, 
Kilgore, Knote, Letcher, Ligon, Lionberger, Lucas, McCamant, Mc- 
Comas, Jefferson T. Martin, Miller, Moore, Murphy, Neeson, Newman, 
Pendleton, Price, Randolph, Seymour, Sheffey, Benjamin H. Smith, 
Joseph Smith, William Smith, Snodgrass, Stephenson, Stewart, Stuart, 
Summers, Tate, Trigg, Van Winkle, White, Willey, Samuel C. Wil¬ 
liams, Wise, Wysor—63. 

Nays —Messrs. Mason, (Pres’t.) Banks, Barbour, Beale, Bowles, 
Braxton, Burgess, Chambers, Chambliss, Claiborne, Cocke, Conway, 
Cox, Davis, Douglass, Edmunds, Edwards, Faulkner, Finney, Flood, 
Fuqua, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Janney, 
Jasper, Jones, Kenney, Leake, Lynch, Lyons, McCandlish, William 
Martin, Meredith, Morris, Petty, Purkins, Ridley, Rives, Saunders, 
Scoggin, Francis W. Scott, Robert G. Scott, Arthur R. Smith, James 
Smith, Snowden, Southall, Stanard, Straughan, Strother, Tredway, 
Tunis, Turnbull, Wallace, Samuel Watts, William Watts, Whittle, 
Ira Williams, Woolfolk, Worsham—61. 

Mt’* Cocke submitted a motion that the debate shall cease and the 
vote be taken, upon the report of the committee on the Basis of Repre¬ 
sentation, now under discussion in committee of the whole, on Satur¬ 
day, the 26th of the present month, at 1 o’clock. 

The question being submitted on adopting the said resolution, it was 
decided in the negative. 

Mr. Van Winkle presented a copy of the proceedings of a public 
meeting in the county of Wood, upon the subject of the Basis of Rep¬ 
resentation, which on his motion was ordered to be laid upon the 
table. 

The President called the attention of the Convention to the effect 
which, in his judgment, was produced by the order of yesterday, chan- 
gingthe hour of the afternoon meeting, which seemed to revoke the 
order of the preceding day requiring afternoon sessions, and desired 
the Convention to correct this opinion if erroneous—whereupon, 

Mr. Pendleton moved that when the Convention adjourn this 
morning, it adjourn to meet to-morrow morning at 10 o’clock. 

Mr. Letcher moved to amend the motion by striking therefrom 
“ to-morrow morning at ten o’clock,” and inserting in lieu thereof 
“ this afternoon at half past four o’clock”—and the amendment was 
rejected. 

Mr. Anderson moved to amend the motion, by striking therefrom 
“ten” and inserting in lieu thereof “ nine,” and the question being put 
to the Convention, the motion was rejected. 

Mr. Letcher moved to amend the resolution of Mr. Pendleton, by 
striking therefrom the word “ten,” and inserting in lieu thereof the 
words “ half past nine pending the consideration of which, 

On motion of Mr. Purkins, the Convention adjourned. 


192 


Saturday, April 19,. 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

Mr. Botts stated that, with leave of the Convention, he would offer 
during the day an amendment to the report of the committee on the Basis 
of Representation, which the Convention agreed should, when offered, 
be printed and referred to the committee of the whole to whom was re¬ 
ferred the said report. 

On motion of Mr. Edmunds, the Convention resolved itself into a 
committee of the whole Convention, to consider the report of the com¬ 
mittee on the Basis of Representation, &c., Mr. Miller being in the 
chair. 

After some time passed in committee of the whole, the President re¬ 
sumed the chair, and Mr. Miller reported that the committee had come 
to no conclusion upon the matters referred to them, and had risen. 

On motion of Mr. Miller, the Convention then adjourned. 

Monday, April 21,1851. 

The Convention met pursuant to adjournment, and the journal of Satur¬ 
day’s proceedings was read and approved. 

Mr. Smith, of Jackson, presented a copy of the proceedings of a pub¬ 
lic meeting in the county of Wirt, upon the subject of “ the Basis of Re¬ 
presentation,” which, upon his motion', was ordered to be laid upon the 
table. 

Mr. McComas presented copies of similar meetings held in the coun¬ 
ties of Cabell and Wayne, which, on his motion, were likewise ordered 
to be laid upon the table. 

Mr. Chambers offered the following resolution : 

Resolved. That all debate in committee of the whole on the Basis of 
Representation, on the pending question, shall close, and the vote be taken 
on Saturday next at one o’clock P. M. 

On motion of Mr. Pendleton, the said resolution was ordered to be laid 
upon the table, ayes 54, noes 53. 

On motion of Mr. F inney, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Mark Bird, Bland, Botts, Brown, 
Camden, Caperton, Carlile, Dale Carter, Chilton, Cook, Ferguson, Fisher, 
Floyd, Fulkerson, Fultz, Hays, Hoge, Hunter, Jacob, Johnson, Kenney, 
Kilgore, Knote, Letcher, Lionberger, Lucas, McCamant, McComas, Jef¬ 
ferson T. Martin, Miller, Moore, Murphy, Neeson, Price, Seymour, Benja¬ 
min H. Smith, Joseph Smith, William Smith, Snodgrass, Stephenson, 
Stewart, Stuart, Summers, Tate, Trigg, Yan Winkle, William Watts, 
White, Willey, Samuel C. Williams, Wise, Wysor—54. 

Nays —Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Beale, 
Bowles, Burgess. Chambers, Claiborne, Davis, Douglass, Edmunds, Ed¬ 
wards, Finney, Flood, Fuqua, Garland, Muscoe R. H. Garnett, Goode, 
Hill, Hopkins, Janney, Jasper, Jones, Ligon, Lynch, Lyons, McCandlish, 
William Martin, Meredith, Morris, Purkins, Ridley, Rives, Saunders, 
Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, Shell, Ar¬ 
thur R. Smith, James Smith, Snowden, Stanard, Straughan, Tredway, 
Tunis, Turnbull, Wallace, Samuel Watts, Ira Williams, Woolfolk, Wor-' 
sham—53. 




On motion of Mr. Ferguson, the Convention resolved itself into a com¬ 
mittee of the whole Convention, to continue the consideration of the re¬ 
port of the committee on the Basis oi Representation, &c.; Mr. Miller 
being in the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 

On motion of Mr. Miller, the Convention then adjourned. 


Tuesday, April 22d, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

Mr. Camden presented a copy of the proceedings of a public meeting of 
citizens of Doddridge county in relation to “ the Basis of Representation,” 
which, on his motion, was ordered to be laid upon the table. 

On motion of Mr. Camden, the Convention resolved itself into a com¬ 
mittee of the whole Convention upon the report of the committee on the 
Basis of Representation, &c., Mr. Miller in the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 

On motion of Mr. Martin, of Henry, 

Resolved , That when the Convention adjourn this morning, it adjourn 
to meet this evening at half past seven o’clock, and then, 

On motion of Mr. Jacob, the Convention adjourned. 


EVENING SESSION. 

The Convention met, and on motion of Mr. Straughan, resolved itself 
into a committee of the whole upon the Basis of Representation, &c., Mr. 
Anderson in the chair. 

After some time, the President resumed the chair, and Mr. Anderson 
reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 

On motion of Mr. Letcher, the Convention then adjourned. 


Wednesday, April 23d, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

Mr. Camden submitted a motion that the Convention resolve itself into 
a committee of the whole upon the report of the committee on the Basis 
of Representation, &c., and the motion being put to the Convention, was 
decided in the negative—ayes 44, noes 46. 

On motion of Mr. Beale, the vote was recorded as follows i 

Ayes —Messrs. Anderson, Armstrong, Bland, Blue, Bowden, Brown, 
Camden, Caperton, Carlile, Dale Carter, John A. Carter, Chapman, Cook, 
Fulkerson, Fultz, Gaily, Hays, Hoge, Hunter, Jacob, Johnson, Kilgore. 
Knote, Lionberger, Lucas, McCamant, McComas, Jefferson T. Martin, 
Miller, Neeson, Price, Sloan, Joseph Smith, Snodgrass, Stephenson, Stew¬ 
art, Tate, Taylor, Trigg, Van Winkle, White, Willey, Samuel C. Wil¬ 
liams and Wysor—44. 

25 





194 


Nays —Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Beale, Bowles, 
Braxton, Burgess, Chambers, Chambliss, Claiborne, Douglas, Edmunds, 
Edwards, Finney. Flood, Fuqua, Garland, Goode, Hall, Hopkins, Janney, 
Ligon, Lyons, McCandlish, William Martin, Meredith, Morris, Purkins, 
Ridley, Saunders, Francis W. Scott, Shell, Arthur R. Smith, Jas. Smith, 
Snowden, Stanard, Straughan, Tredway, Tunis, Turnbull, Wallace, Whit¬ 
tle, Ira Williams, Woolfolk and Worsham—46. 

On motion of Mr. Goode, 

Resolved That the Auditor of Public Accounts be requested to furnish 
this Convention a tabular statement exhibiting the amount of taxes actually 
paid on real estate within the limits of this commonwealth for the fiscal 
year which terminated on the 30th day of September, 1850; distinguish¬ 
ing between the four grand divisions of the commonwealth. 

Mr. Anderson moved that the Convention now resolve itself into a com¬ 
mittee of the whole, and it was decided in the affirmative—ayes 54, noes 
52 . 

On motion of Mr. Chambers, the vote was recorded as follows r 

Ayes —Messrs. Anderson, .Armstrong, Bird, Bland, Blue, Botts, Bow¬ 
den, Brown, Camden, Caperton, Carlile, Dale Carter, Chapman, Cook, 
Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, Hunter, Jacob, Johnson, 
Kilgore, Knote, Lionberger, Lucas, McCamant, McComas, Jefferson T. 
Martin, Miller, Moore, Neeson, Price, Seymour, Sheffey, Sloan, Benjamin 
H. Smith, Joseph Smith, Snodgrass, Stephenson, Stewart, Stuart, Sum¬ 
mers, Tate, Taylor, Trigg, Yan Winkle, William Watts, White, Willey, 
Samuel C. Williams, Wise and Wysor—54. 

Nays —Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Beale, 
Bowles, Braxton, Burgess, Chambers, Chambliss, Claiborne, Douglas, 
Edmunds, Edwards, Finney, Flood, Fuqua, Garland, Goode, Hall, Jan¬ 
ney, Jones, Ligon, Lynch, Lyons, McCandlish, William Martin, Meredith, 
Morris, Purkins, Ridley, Rives, Saunders, Scoggin, Francis W. Scott, Ro. 
£. Scott, Robert G. Scott, Shell, Arthur R. Smith, James Smith, Snow¬ 
den,, Stanard, Straughan, Tredway, Tunis, Turnbull, Wallace, Whittle, 
Ira Williams, Wingfield, Woolfolk and Worsham—52. 

Mr. Miller was called to the chair, and after some time, reported that 
the committee had come to no conclusion upon the matters referred to 
them., and had risen. 

On motion of Mr. F inney, 

Resolved , That when the Convention adjourn this morning, it adjourn 
to meet this evening at half-past 7 o’clock. 

On motion of Mr. Finney, the Convention adjourned. 


EVENING SESSION. 

The Convention met, and on motion of Mr. Finney, resolved itself 
into a committee of the whole, upon the report of the committee on the 
Basis of Representation—Mr. Miller in the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had risen without coming to any conclusion 
upon the matters referred to them. 

On motion of Mr. Miller, the Convention then adjourned. 



Thursday, April 24, 1851. 

The Convention met pursuant; to adjournment, and the journal of yes>» 
terday’s proceedings was read and approved. 

On motion of Mr. Pendleton, the Convention resolved itself into a 
committee of the whole upon the report of the committee on the Basis of 
Representation, &c.; Mr. Miller being in the chair. 

After some time, the President resumed the chair, and Mr. Milleb 
reported that the committee had come to no conclusion upon the matters 
referied to them, and had risen. 

On motion of Mr. Taylor, ordered, that when the Convention adjourn 
this morning, it adjourn to meet at half-past 7 o’clock this evening ; and 
then, 

On motion of Mr. White, the Convention adjourned. 

EVENING SESSION. 

The Convention met pursuant to adjournment, and on motion of Mr.. 
Anderson, resolved itself into a committee of the whole upon the report 
of the committee on the Basis of Representation, &c.; Mr. Miller bein°- 
in the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 


Friday, April 25th, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

Mr. Southall presented a copy of the proceedings of a public meet¬ 
ing of citizens of the county of Amherst upon the subject of the C( Basis 
of Representation,” which, on his motion, was ordered to be laid upon the 
table. 

Mr. McCandlisii presented a copy of the proceedings of a public meet¬ 
ing of citizens of Elizabeth City county, (< remonstrating- against the 
amalgamation of that with any other county,” which, on his motion, was 
ordered to be laid upon the table. 

On motion of Mr. Armstrong, the Convention resolved itself into a 
^committee of the whole upon the report of the committee on the Basis of 
Representation, &c. ; Mr. Miller being called to the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 

On motion of Mr. Taylor, the Convention adjourned. 


Saturday, April 26th, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

Mr. Flood, from the special committee to whom were referred the 
il Reports of the Second Auditor and the Clerk of the House of Dele¬ 
gates in relation to the Internal Improvements of the State,” made a re¬ 
port which, on his motion, was ordered to be laid upon the table and 
printed. ^ 





196 


On motion of Mr. Letcher, the Convention resolved itself a committee 
of the whole on the report of the committee on the Basis of Representa¬ 
tion, &c.; Mr. Miller being in the chair. 

After sometime, the President resumed the chair, and Mr. Miller 
reported that the committee had risen without coming to any conclusion 
upon the matters referred to them. 

On motion of Mr. Miller, the Convention adjourned. 


Monday, April 28th, 1851. 

The Convention met pursuant to adjournment, and after prayer by the 
Rev. Dr. Early, of the Methodist church, the journal of .Saturday was 
read and approved. 

Mr. Summers presented a proposition which he intended offering as an 
amendment to the report of the committee on the Basis of Representation, 
&c. ; and which, on his motion, was ordered to be laid upon the table and 
printed. 

On motion of Mr. Banks, the Convention resolved itself into a com¬ 
mittee of the whole upon the report of the committee on the Basis of 
Representation, &c.; Mr. Miller being called to the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the matters 
referred to them, and had risen. 

On motion of Mr. Taylor, 

Ordered , That when the Convention adjourns this morning, it adjourn 
to meet at half-past 7 o’clock this evening; and then, 

On motion of Mr. Letcher, the Convention adjourned. 

EVENING SESSION. 

The Convention met, and on motion of Mr. Anderson, resolved itself 
into a committee of the whole upon the report of the committee on the 
Basis of Representation, &c. ; Mr. Miller being in the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had come to no conclusion upon the matters, 
referred to them, and had risen. 

On motion of Mr. Miller, the Convention then adjourned. 


Tuesday, April 29th, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Early, of the Methodist church ; after which, the 
journal of yesterday’s proceedings was read and approved. 

On motion of Mr. Muscoe Garnett, 

Resolved , That the Secretary be authorized to certify for payment all 
accounts for stationery, &c., furnished for the Convention. 

Mr. Bowden presented a petition of citizens of James City county and 
the City of Williamsburg, in favor of “ consolidating the said county and 
city with the neighboring counties,” and also a remonstrance against the 
said consolidation from citizens of the county of Elizabeth City,” which, 
upon his motion, were referred to the select committee upon the subject of 
consolidating counties. 

Mr. Ridley proposed the following resolution : 





Resolved, That the debate in committee of the whole, on the pending 
question on the Basis of Representation, shall close on to-morrow at 12 
o’clock. 

Mr. Bowden moved that the said resolution be laid upon the table, and 
the motion was rejected—ayes 25, noes 86. 

On motion of Mr. Muscoe Garnett, the vote was recorded as follows : 

Ayes —Messrs. Blue, Bowden, Brown, Camden, John A. Carter, Cook, 
Fisher, Floyd, Gaily, Jacob, Knote, Letcher, Jefferson T. Martin, Neeson, 
Price, Benjamin H. Smith, Snodgrass, Stephenson, Stewart, Summers, 
Tate, Trigg, Van Winkle, Willey and Wise—25. 

JYays —Messrs. Mason, (Pres’t.) Anderson, Arthur, Banks, Barbour, 
Beale, Bird, Bland, Bowles, Braxton, Burgess, Byrd, Carlile, Dale Car¬ 
ter, Chambers, Chambliss, Chapman, Claiborne, Conway, Cox, Davis, 
Edmunds, Edwards, Finney, Flood, Fulkerson, Fultz, Fuqua, Garland, 
Muscoe Garnett, Goode, Hall, Hays, Hill, Hoge, Janney, Johnson, Jones, 
Kenney, Kilgore, Leake, Ligon, Lionberger, Lucas, Lynch, Lyons, McCa- 
mant, William Martin, Meredith, Miller, Morris, Newman, Petty, Ridley, 
Rives, Saunders, Scoggin, Francis W. Scott, Robert E. Scott, Robert G. 
Scott, Seymour, Shell, Sloan, Arthur R. Smith, James Smith, Joseph 
Smith, Snowden, Southall, Standard, Straughan, Stuart, Taylor, Tredway, 
Tunis, Turnbull, Wallace, Samuel Watts, William Watts, White, Whit¬ 
tle, Ira Williams, Samuel C. Williams, Wingfield, Woolfolk, Worsham 
and Wysor—86. 

The resolution of Mr. Ridley was then adopted. 

On motion of Mr. Jacob, the Convention resolved itself into a com?- 
mittee of the whole upon the report of the committee on the Basis of 
Representation, &c. ; Mr. Miller being in the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had had under consideration the matters re¬ 
ferred to them, but had come to no conclusion thereon. 

On motion of Mr. Carter, of Loudoun, the Convention then adjourn¬ 
ed. 


Wednesday, April 30th, 185L. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Lee, of the Methodist church, the journal of yesterday’s 
proceedings was read and approved. 

Mr. Johnson presented a copy of the proceedings of a public meet¬ 
ing of citizens of Wetzel county, upon the subject of the u Basis of 
Representation,” which, upon his motion, was ordered to be laid upon 
the table. 

Mr- F inney offered the following resolution : 

Resolved , That when the debates upon the subject of the Basis of 
Representation shall have concluded, no member shall be permitted to 
speak for more than one hour, at any one time, unless by leave of the 
Convention. 

Mr. Wise moved that the said resolution be laid upon the table, and 
the motion was rejected—ayes 4d, noes 70. 

On motion of Mr. Finney, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Bland, Blue, Bowden, Brown, Burgess, 
Camden, Oaperton, Carlile, John A. Carter, Chilton, Cook, Fisher, 



Floyd, Fultz, Gaily, Hays, IJoge, Jacob, Johnson, Knote, Letcher, Lu¬ 
cas, J. T. Martin, Meredith, Morris, Neeson, Price, Randolph, Robt. E. 
Scott, Shelley, Sloan, Joseph Smith, Snodgrass, Stephenson, Stewart, 
Stuart, Summers, Tate. Van Winkle, White, Willey, Ira Williams and 
Wise—44. 

Nays- —Messrs. Mason, (Preset.) Anderson, Arthur, Banks, Barbour, 
Beale, Bird, Bowles, Braxton, Byrd, Dale Carter, Claiborne, Cocke, 
Conway, Cox, Davis, Edmunds, Edwards, Finney, Flood, Fulkerson, 
Fuqua, Garland, Muscoe Garnett, Goode, Hall, Hill, Janney, Jasper, 
Jones, Kenney, Kilgore, Leake, Ligon, Lionberger, lynch, McComas, 
William Martin, Miller, Moore, Newman, Pendleton, Petty, Ridley, 
Rives, Saunders, Scoggin, Francis W. Scott, Robert G. Scott, Seymour, 
Arthur R. Smith, James Smith, William Smith, Snowden, Southall, 
Stanard, Taylor, Tredway, Trigg, Tunis, Turnbull, Wallace, Samuel 
Watts, William Watts, Whittle, Samuel C. Williams, Wingfield, Wool- 
folk, Worsham and Wysor-—70. 

The question recurring upon the adoption of the resolution, Mr. 
Claiborne demanded the main question, which was ordered, and the 
resolution adopted—ayes 64, noes 49. 

On motion of Mr. Cox, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Arthur, Banks, Barbour, 
Beale, Bird, Bowles, Braxton, Byrd, Dale Carter, Chambers, Claiborne, 
Cocke, Comvay, Cook, Cox, Davis, Edmunds, Edwards, Finney, Flood, 
Fulkerson, Fuqua, Garland, Muscoe Garnett, Goode, Hall, Hill, Janney, 
Jasper, Jones, Kenney, Leake, Ligon, Lionberger, Lynch, McComas, 
William Martin, Miller, Newman, Pendleton, Petty, Ridley, Saunders, 
Scoggin, Shell, Arthur R. Smith, James Smith, William Smith, Snow¬ 
den, Southall, Stanard, Taylor, Tredway, Trigg, Tunis, Turnbull, 
Wallace, Samuel Watts, William Watts, Whittle. Samuel C. Williams, 
Wingfield, Woolfolk and Worsham—64. 

JYuys —Messrs. Armstrong, Bland, Blue, Botts, Bowden, Brown, 
Burgess, Camden, Caperton, J. A. Carter, Chilton, Fisher, Floyd, Fultz, 
Gaily, flays, Hoge, Jacob, Johnson, Kilgore, Knote, Letcher, Lucas, 
McCamant, Jefferson T. Martin, Meredith, Moore, Morris, Neeson, 
Price, Rives, Francis W. Scott, Robert E. Scott, Seymour, ShefFey, 
Sloan, Joseph Smith, Snodgrass, Stephenson, Stewart, Stuart, Summers, 
Tate, Van Winkle, White, Willey, Ira Williams, Wise and Wysor— 49 . 

On motion of Mr. Price, the Convention resolved itself into a com¬ 
mittee of the whole upon the report of the committee on the Basis qf 
Representation, &c.; Mr. Miller being in the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had had under consideration the matters 
referred to them, and had made progress therein, but had come to no 
conclusion. 

On motion of Mr. Taylor, 

Ordered , That an amendment offered to-day in committee of the 
whole by Mr. Saunders, of Campbell, be printed for the use of the 
Convention. 

On farther motion of Mr. Taylor, the Convention adjourned. 


Thursday, May 1st, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

Mr. Martin, of Marshall, presented a copy of the proceedings of a public 
meeting of citizens of that county, upon the subject of “the Basis of Rep¬ 
resentation/’ which upon his motion was ordered to be laid upon the 
table. 1 

Mr. McCandlish presented a memorial of citizens of James City coun¬ 
ty in favor of “consolidating that county with the neighboring counties,” 
and also two remonstrances signed by citizens of the county of Elizabeth 
City “against the said consolidation.” 

On motion of Mr. McCandlish, 

Ordered , That the said memorial and remonstrances be referred to 
the special committee upon the subject of consolidating counties. 

On further motion of Mr. McCandlish, the Convention resolved itself 
into a committee of the whole, to continue the consideration of the report 
of the committee on the Basis of Representation, &c. ; Mr. Miller being 
in the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had had under consideration the matters re¬ 
ferred to them, and had made progress therein, but had come to no con¬ 
clusion. 

On motion of Mr. Wise, 

Ordered , That an amendment offered to-day in committee of the whole, 
by Mr. Beale, be printed for the use of the Convention. 

On motion of Mr. Miller, the Convention adjourned. 


Friday, May 2d, 1851. 

The Convention met pursuant to adjournment* and the journal of yes¬ 
terday’s proceedings was read and approved. 

Mr. Tredway proposed the following resolution : 

Resolved, That all debate in committee of the whole, on the pending 
proposition, shall cease at one o’clock P. M. this day. 

-Mr. Price moved to lay the said resolution upon the table, and the mo¬ 
tion was decided in the negative—ayes 54, noes 54. 

On motion of Mr. Muscoe Garnett, the vote was recorded as fol¬ 
lows r 

Ayes —Messrs. Armstrong, Mark Bird, Blue, Botts, Camden, Caperton, 
Carlile, Dale Carter, John A. Carter, Chapman, Cook, Ferguson, Fisher, 
Floyd, Fulkerson, Fultz, Gaily, Garland, Hays, Hoge, Jacob, Johnson, 
Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, McCamant, McCo- 
mas, Jefferson T. Martin, Miller, Neeson, Newman, Pendleton, Price, 
Randolph, Robert E. Scott, Seymour, Sheffey, Sloan, Joseph Smith, Wil¬ 
liam Smith, Snodgrass, Stephenson, Stew-art, Stuart, Summers, Tate, 
Trigg, Van Winkle, White, Willey, Wise—54. 

Nays— Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Beale, 
Bowles, Braxton, Burgess, Chambers, Claiborne, Conway, Cox, Davis, 
Edmunds, Edwards, Finney, Flood, Fuqua, Muscoe Garnett, Goode, Hall, 
Hill, Hopkins, Janney, Jasper, Jones, Leake, Ligon, Lynch, Lyons, Mc¬ 
Candlish, William Martin, Meredith, Morris, Petty, Rives, Scoggin, Fran- 



200 


' * ’ * . I 

cis W. Scott, Shell, Arthur R. Smith, James Smith, Southall, Stanard, 
Straughan, Taylor, Tredway, Tunis, Turnbull, Wallace, Samuel Watts, 
Whittle, Ira Williams, Winfield, Worsham—54. 

After some time passed in discussion of the proposition, 

Mr. Camden moved to lay the resolution upon the table, and the ques¬ 
tion being put, was decided in the affirmative, ayes 59, noes 53. 

On motion of Mr. Camden, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Mark Bird, Blue, Botts, Bowden, 
Ctitiiden, Caperton, Carlile, Dale Carter, John A. Carter, Chapman, Cook, 
Ferguson, Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, Hunter, 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, 
McCamant, McComas, Jefferson T. Martin, Miller, Moore, Neeson, New¬ 
man, Pendleton, Price, Randolph, Saunders, Robert E. Scott, Seymour, 
Sheffey, Sloan, Joseph Smith, William Smith, Snodgrass, Stephenson, 
Stewart, Stuart, Summers, Tate, Trigg, Van Winkle, White, Willey, 
Wise, Wysor—59. 

JYays —Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Beale, 
Bowles, Braxton, Burgess, Chambers, Claiborne, Conway, Cox, Davis, 
Edmunds, Edwards, Finney, Flood, Fuqua, Muscoe Garnett, Goode, Hall, 
Hill, Hopkins, Janney, Jasper, Jones, Leake, Ligon, Lynch, Lyons, Mc- 
Candlish, William Martin, Meredith, Morris, Petty, Rives, Scoggin, Fran¬ 
cis W. Scott, Shell, Arthur R. Smith, James Smith, Southall, Stanard, 
Straughan, Taylor, Tredway, Tunis, Turnbull, Wallace, Samuel Watts, 
Whittle, Ira Williams, Worsham—53. 

On motion of Mr. Pendleton, the Convention resolved itself into 
a committee of the whole Convention, to continue the consideration of 
the Report of the committee on the Basis of Representation, &c., Mr. 
Miller being in the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had, according to order, had under considera¬ 
tion the matters referred to them, but had come to no conclusion there¬ 
upon. 

On motion of Mr. Watts, of Norfolk county, the Convention then ad¬ 
journed. 


Saturday, May 3, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Tredway submitted a motion that the Convention take up and 
consider a resolution proposed by him yesterday, in relation to termi¬ 
nating the debate on the basis question, in committee of the whole. 

Mr. Conway moved that the President direct the bell to be rung 
to summon the absent members, and the motion was rejected. Ayes 
41, noes 54. 

On motion of Mr. Fisher, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Preset,) Arthur, Beale, Bowden, 
Bowles, Camden, John A. Carter, Chambers, Chilton, Claiborne, 
Conway, Cook, Cox, Edmunds, Edwards, Ferguson, Flood,- Fultz, 
Gaily, Muscoe Garnett, Hall, Johnson, Knote, Leake, Lynch, McCand- 
hsh, Moore, Pendleton, Petty, Rives, Scoggin, Francis W. Scott, 



201 


Seymour, Sloan, Arthur R. Smith, Stanard, Trigg, Tunis, Samuel 
Watts, Whittle, Woolfolk—41. 

Noes —Messrs. Armstrong, Banks, Barbour, M. Bird, Bland, Blue, 
Burgess, Caperton, Carlile, Chapman, Fisher, Fulkerson, Garland, 
Hays, Hoge, Hopkins, Jacob, Janney, Jones, Kenney, Kilgore, Ligon, 
Lionberger, Lucas, McCamant, McComas, Jefferson T. Martin, Wm. 
Martin, Meredith, Miller, Neeson, Newman, Saunders, R. E. Scott, 
Shell, Sheffey, James Smith, Wm. Smith, Snodgrass, Southall, Ste¬ 
phenson, Jas. E. Stewart, Archibald Stuart, Tate, Taylor, Tredway, 
Turnbull, Wallace, Wm. Watts, White, Willey, Ira Williams, Wise, 
Worsham—54. 

The question then recurred upon the motion of Mr. Tredway, and 
it Was rejected—ayes 52, noes 53. 

On motion of Mr. Ferguson the vote was recorded as follows: 

Ayes —Messrs. John Y. Mason, (Pres’t.) Arthur, Banks, Barbour, 
Beale, Bowles, Braxton, Brown, Burgess, Chambers, Chilton, Clai¬ 
borne, Conway, Cox, Edmunds, Edwards, Flood, Garland, M. Gar¬ 
nett, Goode, Hall, Hill, Hopkins, Hunter, Janney, Jones, Leake, Li¬ 
gon, Lynch, McCandlish, Wm. Martin, Meredith, Petty, Randolph, 
Rives, Scoggin, Francis W. Scott, Shell, Arthur R. Smith, James 
Smith, Southall, Stanard, Taylor, Tredway, Tunis, Turnbull, Wal¬ 
lace, Samuel Watts, Whittle, Ira Williams, Wingfield, Woolfolk, Wor¬ 
sham—52. 

Noes— Messrs. Armstrong, Mark Bird, Bland, Blue, Bowden, Cam¬ 
den, Caperton, Carlile, J. A. Carter, Chapman, Cook, Ferguson, Fish¬ 
er, Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, Jacob, Johnson, Ken¬ 
ney, Kilgore, Knote, Lionberger, Lucas, McCamant, McComas, J. T. 
Martin, Miller, Moore, Neeson, Newman, Pendleton, Price, Saunders, 
Seymour, Sheffey, Sloan, Joseph Smith, William Smith, Snodgrass, 
Stephenson, J. E. Stewart, Archibald Stuart, Summers, Tate, Trigg, 
Yan Winkle, White, Willey, Wise, Wysor—53. 

On motion of Mr. Ferguson, the Convention resolved itself into a 
committee of the whole Convention upon the report of the basis of re¬ 
presentation, &c. ; Mr. Miller being in the chair. 

After some time the President resumed the chair, and Mr. Miller 
reported that the committee had had under consideration the matters 
referred to them, but had come to no conclusion thereupon, and had 
risen. 

The President submitted the following communication from the 
Governor of the commonwealth : 


Executive Department, ) 
May 3d, 1851. j 

Hon. John Y. Mason, 

President of the Convention : 

Sir, 

In compliance with a resolution of the Convention, I herewith 
transmit to you the statistical information asked for, so far as it is prac- 
* ticable to furnish it. The delay in making up the tables has been un¬ 
avoidable. The information heretofore furnished the Convention is 
26 


202 


full upon such points presented in the resolution; as are not answered 
by these sheets. 

I have the honor to be. 

With the highest respect; 

Your obedient servant, 

JOHN B. FLOYD. 

On motion of Mr. Goode, 

Ordered, That the said communication, with the accompanying do¬ 
cuments, be laid upon the table and printed. 

On motion of Mr. Carter, of Loudoun, the Convention adjourned. 


Monday, May 5, 1851. 

The Convention met pursuant to adjournment, and the journal of 
Saturday’s proceedings v as read and approved. 

Mr. YYise presented sundry amendments, which he designed offer¬ 
ing in committee of the whole, to the report of the committee on the 
legislative department of the government, and which, on his motion, 
were oidered to be laid upon the table and printed. 

Mr. Lyons offered similar amendments which he designed submit¬ 
ting, which, on his motion, were likewise ordered to be laid upon the 
table and printed. 

Mr. Martin, of Henry, moved to take up and consider a resolution 
proposed on Friday last, by Mr. Tredway, in relation to closing the 
debate in committee of the whole. 

Mr. Fisher moved that the motion of Mr. Martin be indefinitely 
postponed, and the motion was rejected—ayes 50, noes 50. 

On motion of Mr. Tredway, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Bland, Blue, Botts, BoAvden, 
Camden, Carlile, Dale Carter, Chapman, Cook, Ferguson, Fisher, 
Floyd, Fulkerson, Fultz, Gully, Hays, Hoge, Hunter, Jacob, Kenney, 
Kilgore, Knote, Lionberger, Lucas, McCamant, McComas, Jefferson 
T. Martin, Miller, Moore, Neeson, Newman, Pendleton, Price, Sey¬ 
mour, Sheffey, Joseph Smith, William Smith, Snodgrass, James E. 
Stewart, Archibald Stuart, Summers, Tate, Trigg, Van Winkle, Wil¬ 
ley, Samuel C. Williams, Wise, Wysor—50. 

Noes —Messrs. John Y. Mason, (Pres’t) Arthur, Banks, Barbour, 
Beale, Bowles, Braxton, Chambers, Chilton, Claiborne, Cocke, Ed¬ 
munds, Edwards, Finney, Flood, Garland, Goode, Hall, Hill, Hop¬ 
kins, Janney, Jasper, Jones, Leake, Ligon, Lynch, Lyons, McCand- 
lish, William Martin, Petty, Randolph, Ridley, Rives, Scoggin, Fran¬ 
cis W. Scott, Robert E. Scott, Shell, Arthur R. Smith, James Smith, 
Southall, Straughan, Taylor, Tredway, Tunis, Turnbull, Wallace, 
Samuel Watts, Wingfield, YVoolfolk, Worsham—50. 

The question recurred upmi the motion of Mr. Martin of Henry, 
and being put to the Convention, Avas decided in the negative—ayes 
50, noes 50. 

On motion of Mr. Wise, the vote Avas recorded as folloAvs : 

Ayes —Messrs. John Y. Mason, (Pres’t) Arthur, Banks, Barbour, 
Beale, Bowles, Braxton, Chambers, Chilton, Claiborne, Cocke, Ed¬ 
munds, Edwards, Finney, Flood, Garland, Goode, Hall, Hill, Hop¬ 
kins, Janney, Jasper, Julies, Leake, Ligon, Lynch, Lyons, McCand- 



203 


lish, W. Martin, Petty, Randolph, Ridley, Rives, Seoggin, F. W. Scott, 
Robert E. Scott, Shell, * Arthur R. Smith, Janes Smith, Southall, 
Stcaugharc, Taylor, Tredway, Tunis, Turnbull, Wallace, S. Watts, 
Wingfield, Wpolfolk, Worsham—50. 

Noes —Messrs. Anderson, Armstrong, Bland, Blue, Batts, Bowden, 
Camden, Carlile, Dale Carter, Chapman, Cook, Ferguson, Fisher, 
Floyd, Fulkerson, Fultz, Gaily, Hays, H >ge, Hunter, Jacob, Kenney, 
Kilgo e, Knote, Lionberger, Lucas, McCamant, McComas, Jefferson 
T. Martin, Miller, Moore, Neeson, Newman, Pendleton, Price, Sey¬ 
mour, Sheffey, Joseph Smith, W. Smith, Snodgrass, J. E. Stewart, 
Archibald Stuart, Summers, Tate, Trigg, Van Winkle, Willey, Sam’l 
C. Williams, Wise, Wysor—50. 

On motion of Mr. Taylor, the Convention resolved itself into a 
committee of the whole Convention upon the report of the committee 
on the basis of representation, <fcc. ; Mr. Miller being in the chair. 

After soms time, the Preside vr resumed the chair, and Mr. Miller 
reported that the committee had had under consideration the matters 
referred to them, but had come to no conclusion thereupon, and had 
risen. 

On motion of Mr. Miller, the Convention adjourned. 

Tuesday, May 6, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Smith, of Norfolk county, submitted the following resolution : 

Resolver /, That the debate in committee of the whole on the basis 
of representation shall close and the vote be taken on the pending ques¬ 
tion, on this day, at 12 o’clock. 

Mr. Fisher moved that the said resolution be indefinitely post¬ 
poned. 

Mr. Sheffey moved to amend the resolution by striking therefrom, 
in the second line, the words <c on the basis of representation.’* 

Mr. Smith, by leave of the Convention, accepted the said amend¬ 
ment. 

Mr. Fisher moved to amend the resolution, by adding at the end 
thereof the following, u notwithstanding the majority on this floor was 
clearly understood, at the commencement of the session of this body, 
substantially to say, that the minority here, should be allowed the 
freest and fullest discussion on the basis of representation pending 
the consideration of which, 

On motion of Mr. Ridley, the resolution and amendments, were or¬ 
dered to be laid upon the table— ayes 57, noes 46. 

On motion of Mr. Carlile, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Bland, Blue, Botts, Camden, Caperton, 
Carlile, Dale Carter, Chilton, Cook, Ferguson, Fisher, Floyd, Ful¬ 
kerson, Fultz, Gaily, Hoge, Jacob, Johnson, Kenney,Kilgore, Knote, 
Lucas, McCamant, McComas, Jefferson T. Martin, Meredith, Miller, 
Moore, Murphy, Neeson, Newman, Pendleton, Price, Robert E. Scott, 
Seymour, Sheffey, Sloan, Joseph Smith, William Smith, Snodgrass, 
Jas. E. Stewart, Archibald Stuart, Summers, Tate, Trigg, Van Win¬ 
kle, Willey, Samuel C. Williams, Wise, Wysor—57. 

Noes —Messrs. John Y. Mason, (Pres’t) Arthur, Banks, Barbour, 



204 


Beale, Bowles, Braxton, Burgess, Chambers, Claiborne, Cox, Davis, 
Douglas, Edmunds, Edwards, Flood, Garland, Goode, Hall, Hill, Jan- 
ney, lasper, Jones, Leake, Ligon, Lynch, William Martin, Randolph, 
Ridley, Rives, Scoggin, Francis W. Scott, Shell, Arthur R. Smith, 
James Smith, Southall, Straughan, Taylor, Tredway, Tunis, Turn- 
bull, Samuel Watts, Whittle, Wingfield, Woolfolk, Worsham—46. 

Mr. Ligon presented a copy of the proceedings of a public meeting 
of citizens of Nelson county, upon the “ basis of representation,” which, 
upon his motion, was ordered to be laid upon the table. 

On motion of Mr. Siieffey, the Convention resolved itself into a 
committee, of the whole upon the report of the committee on the basis of 
representation, &c. ; Mr. Miller being in the chair. 

After some time the President resumed the chair, and Mr. Miller 
reported that the committee had had under consideration the matters 
referred to them, and had risen without coming to any conclusion there¬ 
upon. 

On motion of Mr. Taylor, the Convention adjourned. 


Wednesday, May 7, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Kingsford, of the Baptist Church, the journal of yester¬ 
day’s proceedings was read and approved. 

Mr. Muscoe Garnett proposed the following resolution. 

Resolved , That a committee of three be appointed, to ascertain from 
the publisher, the terms upon which the further publication of the Sup¬ 
plement can be dispensed with. 

Mr. Tredway moved to amend the resolution by adding at the end 
thereof the iollowing, a and also enquire into the causes of the delays 
in reporting or publishing the proceedings of this body.” 

On motion of Mr. Tredway, 

Ordered , That the resolution and amendment be laid upon the table. 

On motion of Mr. Taylor, the Convention resolve 1 itself into a 
committee of the whole upon the report of the committee on the basis of 
representation, &c. ; Mr. Miller being in the chair. 

After some time, the President resumed the chair, and Mr. Miller 
reported that the committee had risen without coming to any conclu¬ 
sion upon the matters referred to them. 

On motion of Mr. Miller, the Convention adjourned. 


Thursday, May 8th, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

On motion of Mr. Anderson, 

Resolved , That the debate on the pending question in committee of 
the whole shall be closed, and the vote be taken on this day, so soon 
as the Convention shall resolve itself into a committee of the whole. 

On motion of Mr. Claiborne, the Convention resolved itself into a 
committee of the whole upon the report of the committee on the basis 
of representation, &c., Mr. Miller being in the chair. 

After some time, the President resumed the chair, and Mr. Miller 




205 


reported that the committee had made progress in the matters referred 
to them, but had come to no conclusion thereupon, and had risen. 

On motion of Mr. Miller, the Convention adjourned. 


Fridav, May 9, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Kingsford, of the Baptist Church, after which 
the journal of yesterday’s proceedings was lead and approved. 

On motion of Mr. Cox, 

Resolved ', That all debate upon the propositions now before the com¬ 
mittee of the whole, upon the basis of representation, shall cease as 
soon as the Convention shall resolve itself into a committee of the 
whole. 

On motion of Mr. Scott, of Richmond city, the Convention re¬ 
solved itself into a committee of the whole, upon the report of the 
committee on the basis of representation, &c. ; Mr. Miller being in 
the chair. 

After some time, the President resumed the Chair, and Mr. Miller 
reported that the committee had had under consideration the matters 
referred to them, and had made progress therein, but had come to no 
conclusion. 

On motion of Mr. Miller, the Convention adjourned. 


Saturday, May 10th, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Strother moved that the Convention do now adjourn ; but be¬ 
fore the question was submitted, on motions respectively made, Messrs. 
Scott, of Fauquier, Botts, Smith, of Greenbrier, and Jasper, were 
permitted to address the Convention. 

The question was then submitted upon the motion of Mr. Stroth¬ 
er, and decided in the affirmative—ayes 82, noeo’ 29. 

On motion of Mr. Hunter, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t.) Anderson, Armstrong, 
Arthur, Bland, Blue, Botts, Bowden, Bowles, Camden, Caperton, Car- 
lile, D.Carter, J. A.Carter, Chapman,Chilton, Conway, Cook, Douglass, 
Edwards, Ferguson, Finney, Fisher, Flood, Floyd, Gaily, Garland, M. 
Garnett, Hays, Hill, Hopkins, Jacob, Janney, Kenney, Kilgore, Knote, 
Letcher, Ligon, Lyons, McCamant, McCandlish, McComas, Jefferson 
T. Martin, William Martin, Miller, Morris, Neeson, Price, Randolph, 
Ridley, Rives, Saunders, Scoggin, Francis W. Scott, Robert E. Scott. 
Seymour, Shell, Sheffey, Sloan, Arthur R. Smith, Benjamin H. Smith, 
James Smith, Joseph Smith, William Smith, Snowden, Southall, Ste¬ 
phenson, Strother, Archibald Stuart, Summers, 'Pate, Taylor, Trigg, 
Tunis, Van Winkle, Wallace, White, Willey, Samuel C. Williams, 
Wingfield, Wise, Wysor—82. 

Noes— Messrs. Banks, Barbour, Beale, Braxton, Burgess, Cham¬ 
bliss, Claiborne, Cox, Davis, Edmunds, Fulkerson, Fultz, Fuqua, 
M. R. H Garnett, Goode, Hall, Hunter, Jasper, Leake, Lucas, Mere¬ 
dith, Murphy, R. G. Scott, Jas. E. Stewart, Turnbull, Sam’l Watts, 
Whittle, Woolfolk, Worsham—29. 




206 


Monday, May 12, 1851. 

The Convention met pursuant to adjournment, and the journal of 
Saturday’s proceedings was read and approved. 

Mr. Martin, of Henry, proposed the following resolution : 

Resolver/, That a committee of eight members, four of whom shall 
be taken from the east side of the 131ue Ridge, and four from the west, 
be chosen by ballot, to take into consideration and report to the Con¬ 
vention, a fair and proper adjustment of the principle of representation 
in the two houses of the general assembly, and that the report of said 
committee be committed to the Committee of the Whole without de¬ 
bate. 

Mr. M. R. H. Garnett moved to amend the resolution by adding 
at the end thereof the following : 

“ And that the said committee be directed to report a journal of all 
their proceedings to the Convention, and to report as soon as possible.” 

The said amendment being under consideration, Mr. Snoavden de¬ 
manded the main question, which was ordered by the Convention, 
and the amendment rejected—ayes 35, noes 75. 

On motion of Mr Sheffey, the vote was recorded as follows : 

Ayes —Messrs. Jno. Y. Mason, (Pres’t.) Banks, Barbour, Beale, Bo- 
cock, Bowles, Braxton, Burgess, Chambliss, Davis, Douglas, Ed¬ 
munds, Flood, Fuqua, Muscoe R. H. Garnett, Goode, Hall, Jasper, 
Jones, Leake, Lynch, Meredith, Ridley, Rives, Scoggin, Francis W. 
Scott, Robert G. Scott, Shell, Arthur R. Smith, Southall, Stanard, 
Turnbull, Samuel Watts, Whittle, Woolfolk—35. 

Noes —Messrs. Armstrong, Arthur, Bland, Blue, Botts, Bowden, 
Camden, Caperton, Carlile, Dale Carter, John A. Carter, Chapman, 
Chilton, Claiborne, Denealo, Faulkner, Ferguson, Finney, Fisher, 
Floyd, Fulkerson, Fultz, Gaily, Garland, Hays, Hill, Hoge, Hopkins, 
Jacob, Janney, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, 
Lucas, Lyons, McCamant, McCandlish, McOomas, Jefferson T. Mar¬ 
tin, YVilliam Martin, Miller, Moore, Morris, Murphy, Neeson, Ran¬ 
dolph, Saunders, Robert E. Scott, Seymour, Sheffey, Sloan, Benjamin 
H. Smith, Joseph Smith, Snodgrass, Snowden, Stephenson, James E» 
Stewart, Straughan, Strother, Archibald Stuart, Summers, Tate, Tay¬ 
lor, Trigg, Tunis, Van Winkle, Wallace, White, Willey, Samuel C. 
Williams, Wingfield, Wise—75. 

Mr. Stanard moved to amend the resolution, by inserting therein, 
after the word “ ballot,” the following : 

u The eastern members to be selected by those coming from districts 
east of the Blue Ridge, and the western members by those coming 
from the districts west of the Blue Ridge.” 

The question upon the adoption of the said amendment was deci¬ 
ded in the negative, and the amendment rejected—ayes 40, noes 70. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. Banks, Barbour, Beale, Bocock, Bowles, Braxton, 
Burgess, Chambliss, Davis, Dmglas, Edmunds, Flood, Fuqua, Mus¬ 
coe R. H. Garnett, Goode, Hall, Hill, Janney, Jasper, Jones, Leake, 
Lynch, Lyons, Meredith, Ridley, Rives, Scoggin, F. W. Scott, R. E, 
Scott, Robert G. Scott, Shell, Arthur K. Smith, Snowden, Southall, 
Stanard, Strother, Tunis, Turnbull, Samuel Watts, Whittle—40. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Bland, 


207 


Bluo, Botts, Bowden, Camden, Caperton, Carlile, Dale Carter, John 
A. Carter, Chapman, Chilton, Claiborne, Deneale, Faulkner, Fergu¬ 
son. Finney, Fisher, Floyd, Fulkerson, Fultz, Gaily, Garland, Hays, 
Hoge, Hopkins, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, 
Ligon, Lucas, McCamant, McCandlish, McComas, Jefferson T. Mar¬ 
tin, Wm. Martin, Miller, Moore, Morris, Murphy, Neeson, Randolph, 
Saunders, Seymour, Sheffey, Sloan, Benjamin H. Smith, Joseph 
Smith, Snodgrass, Stephenson, James E. Stewart, Straughan, Archi¬ 
bald Stuart, Summers, T<ite, Taylor, Trigg, Van Winkle, Wallace, 
White, Willey, Samuel C. Williams, Wingfield, Wise, Wysor—70. 

Mr. Braxton moved that the resolution of Mr. Martin, of Henry, 
be indefinitely postponed, and the motion was decided in the negative— 
ayes 39, noes 70. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes — Messrs. John Y. Mason, (Pres’t.) Banks, Barbour, Beale, 
Boeock, Bowles, Biaxton, Burgess, Chambliss, Davis, Douglas, Ed¬ 
munds, Flood, Fuqua, Muscoe R. H. Garnett, Goode, Hall, Hill, Jas¬ 
per, Jones, Leake, Lynch, Lyons, Meredith, Ridley, Rives, Scoggin, 
Francis VV. Scott, Robert E. Scott, Robert G. Scott, Shell, Arthur R. 
Smith, Southall, Stanard, Turnbull, Wallace, Samuel Watts, Whittle, 
Woolfolk— 39. 

Noes —Messrs. Armstrong, Arthur, Bland, Blue, Botts, Bowden, 
Camden, Caperton, Carlile, Dale Carter, John A. Carter, Chapman, 
Claiborne, Deneale, Faulkner, Ferguson, Finney, Fisher, Floyd, 
* Fulkerson, Fultz, Gaily, Garland, Hays, Hoge, Hopkins, Jacob, Jan- 
ney, Johnson, Kenney, Kilgoie, Knote, Letcher, Ligon, Lucas, McCa¬ 
mant, McCandlish, McComas, Jefferson T. Martin. Wm. Martin, Mil¬ 
ler, Moore, Morris, Murphy, Neeson, Randolph, Saunders, Seymour, 
Sheffey, Sloan, Benj. H. Smith, Joseph Smith, Snodgrass, Snowden, 
Stephenson, Jas. E. Stewart, Straughan, Strother, Archibald Stuart, 
Summers, Tate, Taylor, Trigg, Van Winkle, White, Willey, Samuel 
C. Williams, Wingfield, Wise, Wysor—70. 

Mr Banks moved to amend the resolution by striking therefrom the 
word u ballot ,” and inserting in lieu thereof, the following “ vote of this 
body given viva voce .” 

The amendment being under consideration, Mr. Claiborne de¬ 
manded the main question which was ordered, and the amendment 
adopted—ayes 57, noes 54. 

Ayes —Messrs. John Y. Mason, (Pres’t.) Arthur, Banks, Barbour, 
Beale, Bocock, Bowden, Bowles, Braxton, Burgess, Chambliss, Clai¬ 
borne, Davis, Douglas, Edmunds, Finney, Flood, Fuqua, Garland, 
Muscoe R. H. Garnett, Goode, Hall, Hill, Hunter, Janney, Jasper, 
Jones, Leake, Ligon, Lynch, Lyons, McCandlish, William Martin, 
Meredith, Morris, Randolph, Ridley, Rives, Scoggins, Francis W. Scott, 
Robert E. Scott, Robert G. Scott, Shell, Arthur R. Smith, Snowden, 
Southall, Stanard, Straughan, Strother, Taylor, Tunis, 'Turnbull, Wal¬ 
lace, Samuel Watts, Whittle, Wingfield, Woolfolk—57. 

Noes— Messrs. Armstrong, Bland, Blue, Botts, Camden, Caperton, 
Carlile, Dale Carter, John A. Carter, Chapman, Chilton, Deneale, 
Faulkner, Fergus >n, Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, 
Hoge, Hopkins, Jacob, Johnson, Kenney, Kilgore, Knote, I .etcher, Lu¬ 
cas, McCamant, McComas, J. T. Martin, Miller, Moore, Murphy, Nee- 


208 


son, Saunders, Seymour, ShefFey, Sloan, Benjamin H. Smith, Joseph 
Smith, Snodgrass, Stephenson, Jas. E. Stewart, Archibald Stuart, 
Summers, Tate, Trigg, Van Winkle, Willey, Samuel C. Williams, 
Wise, Wysor—54. 

The resolution as amended, was then adopted. Ayes 74, noes 37. 
On motion of Mr. Carter, of Loudoun, the vote was recorded as 
follows. 

Ayes —Messrs. Armstrong, Arthur, Bland, Blue, Botts, Bowden, 
Burgess, Camden, Caperton, Carlile, Dale Carter, John A. Carter, 
Chapman, Chilton, Claiborne, Deneale, Faulkner, Ferguson, Finney, 
Fisher, Floyd, Fulkerson, Fultz, Gaily, Garland, Hays, Hill, Hoge, Hop¬ 
kins, Jacob, Janney, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, 
Lucas, McCamant, McCandlish, McComas, Jefferson T. Martin, Wm. 
Martin, Miller, Moore, Morris, Murphy, IYeeson, Randolph, Saunders, 
Seymour, ShefFey, Sloan, Benjamin H. Smith, Joseph Smith, Snod¬ 
grass, Snowden, Stephenson, Jas. E. Stewart, Straughan, Strother, 
Archibald Stuart, Summers. Tate, Taylor, Trigg, Tunis, Van Winkle, 
White, Willey, Samuel C. Williams, Wingfield, Wise, Wysor—74. 

Noes —Messrs. John Y. Mason, (Pres’t.) Banks, Barbour, Beale, 
Bocock, Bowles, Braxton, Chambliss, Davis, Douglas, Edmunds, 
Flood, Fuqua, Muscre R. H. Garnett, Goode, Hall, Jasper, Jones, 
Leake, Lynch, Lyons, Meredith, Ridley, Rives, Scoggin, Francis W. 
Scott, Robert E. Scott, Robert G. Scott, Shell, Arthur R. Smith, South- 
all, Stanard, Turnbull, Wallace, Samuel Watts, Whittle, Woolfolk—37. 

Mr. Stanard moved that the Convention do adjourn, and the mo¬ 
tion was rejected. 

The Convention then proceeded to vote for members to compose the 
committee required by the resolution of Mr. Martin of Henry, where¬ 
upon Mr Summrrs received 86 votes ; Mr. Martin of Henry 70 ; Mr. 
Wingfield 51 ; Mr. Seymour 35 ; Mr. Chilton 33 • Mr. Faulkner 
33 ; Mr. Taylor 31 ; Mr. McCandlish 30 ; Mr. Lucas 29 ; Mr. John¬ 
son 25 ; Mr. Janney 24 ; Mr. Edmunds 28 ; Mr. Miller 20 ; Mr. 
Hunter 19 ; Mr. Goode 17 ; Mr. Scott, cf Fauquier 17 ; Mr. Kenney 
16 ; Mr. Watts of Roanoke 17 ; Mr. Mason 15 ; Mr. Tate 14 ; Mr. 
Chapman 14 ; Mr. Moore 16 ; Mr. Beale 12 ; Mr. Camden 12 ; Mr. 
ShefFey 10; Mr. Letcher 10; Mr. Smith of Greenbrier 13 ; Mr. Ca¬ 
perton 8 ; Mr. M. R. H. Garnett 8 ; Mr. Finney, 7 ; Mr. Hoge 7 ; Mr. 
Shell 6 ; Mr. Jacob 7 ; Mr. Barbour 6 ; Mr. Southall 6 ; Mr. Watts of 
Norfolk county 6 ; Mr. Bowden 6 ; Mr. Braxton 5 ; Mr. Carlile 3 ; Mr. 
Snowden 5 ; Mr. Wallace 5 ; Mr. Armstrong 4 ; Mr. Bocock 4 ; Mr. 
McComas 4 ; Mr. Scott of Caroline 4 ; Mr. Smith of Kanawha 4 ; Mr. 
Chambliss 3 ; Mr. Fisher 3 ; Mr. Floyd 3 ; Mr. Hays 3 ; Mr. Leake 
3 ; Mr. Morris 3 ; Mr. Lyons 3 ; Mr. Randolph 3 ; Mr. Sloan 3 ; Mr. 
Stanard 3 ; Mr. Strother 3 ; Mr. Bowles 2 ; Mr. Fuqua 2 ; Mr. Hill 2; 
Mr. Meredith 2; Mr. Smith of Norfolk 2 ; Mr. Martin of Marshall 2 ; 
Mr. Tredway 2 ; Mr. Claiborne 1 ; Mr. Fulkerson 1 ; Mr. Fultz 1 ; 
Mr. Ferguson 1 ; Mr. Hopkins 1 ; Mr. Willey 1 ; Mr. James Smith 1 ; 
Mr. Trigg 1 ; Mr. Worsham 1 ; Mr. Wysor 1 ; Mr. McCamant 1 ; Mr. 
Garland 1 ; Mr. Scott of Richmond City 1 ; Mr. Ligon 1 ; Mr. Snod¬ 
grass 1 ; Mr. Wise 1 ; Mr. Deneale 1. 

The members voting for Mr. Summers, are— 

Messrs. Armstrong, Arthur, Banks,Beale, Bland, Blue,Bocock, Botts, 


209 

Bowden, Bowles, Burgess, Camden, Caperton, Carliie,Dale Carter, J. 
A. Carter, Chambliss, Chapman, Chilton, Deneale, Edmunds, Faulk* 
ner, Ferguson, Finney, Flood, Fulkerson, Fultz, Gaily, Garland, 
Goode, Hays, Hill, Jacob, Janney, Jasper, Johnson, Kenney, Kilgore, 
Knote, Leake, Letcher, Ligon, Lucas, Lyons, McCamant, McCandlish. 
J. T. Martin, W. Martin, Miller, Moore, Morris, Murphy, Neeson, Ran¬ 
dolph, Ridley, Rives, Saunders, Scoggin, Seymour, Shell, ShefFey, 
Sloan., A. R. Smith, B. H. Smith, J. Smith, Snowden, Stanard, Stephen¬ 
son, James E. Stewart, Straughan, A. Stuart, Tate, Taylor, Trigg, 
Turnbull, Van Winkle, Wallace, Samuel Watts, White, Willey, Samu¬ 
el C. Williams, Wingfield, Wise, Woolfolk, Wysor. 

For Mr. Martin, of Henry— 

Messrs. Armstrong, Arthur, Beale, Bland, Blue, Botts, Bowden, 
Camden, Caperton, Carlile, Dale Carter, John A. Carter, Chapman, 
Claiborne, Deneale, Douglas, Faulkner, Ferguson, Finney, Fisher, 
Floyd, Fulkerson, Fultz, Gaily, Garland, Hays, Hill, Hoge, Hopkins, 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, Lucas, Mc¬ 
Camant, McCandlish, McComas, Moore, Murphy, Neeson, Randolph, 
Saunders, Robert E. Scott, Seymour, Shell, ShefFey, Sloan, Benjamin 
H. Smith, Joseph Smith, Snowden, Stephenson, Jas. E. Stewart, 
Straughan, Summers, Tate, Taylor, Trigg, Van Winkle, Wallace, 
White, Willey, Samuel C. Williams, Wingfield, Wise, Woolfolk, Wy¬ 
sor. 

For Mr. Wingfield—* 

Messrs. Armstrong, Arthur, Bland, Blue, Bowden, Camden, Caper¬ 
ton, Carlile, Dale Carter, John A. Carter, Chapman, Deneale, Fergu¬ 
son, Fisher, Fulkerson, Fultz, Garland, Hays, Hoge, Jacob, Johnson, 
Kenney, Knote, Letcher, Ligon, Lucas, McCamant, William Martin, 
Miller, Moore, Murphy, Neeson, Randolph, Saunders, Seymour, Shef- 
fey, Sloan, Benjamin H. Smith, Joseph Smith, Stephenson, James E. 
Stewart, Archibald Stuart, Summers, Tate, Trigg, Van Winkle, White, 
Willey, Samuel C. Williams, Wise. 

For Mr. Seymour— 

Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Bocock, Braxton, 
Carlile, Chilton, Finney, Garland, Muscoe R. H. Garnett, Goode, Hall, 
Hill, Jasper, Kenney, Lucas, Lynch, McCandlish, William Martin, 
Meredith, Morris, Randolph, Shell, Arthur R. Smith, Stanard, Jas. E. 
Stewart, Straughan, Strother, Tate, Taylor, Trigg, Turnbull, Samuel 
Watts, White, Willey, Samuel C. Williams, Woolfolk. 

For Mr. Chilton— 

Messrs. Blue, Botts, Caperton, Dale Carter, John A. Carter, Chap¬ 
man, Ferguson, Fulkerson, Gaily, Hays, Hopkins, Jacob, Kenney, 
Knote, Ligon, Lucas, McCamant, McCandlish, McComas, William 
Martin, Miller, Murphy, Saunders, Seymour, ShefFey, Sloan, Archibald 
Stuart, Tate, Trigg, White, Willey. 

For Mr. Faulkner— 

Messrs. Arthur, Barbour, Beale, Botts, Bowden, Braxton, Dale Car¬ 
ter, Chambliss, Claiborne, Edmunds, Fulkerson, Muscoe R. H. Gar¬ 
nett, Goode, Hill, Jacob, Janney, Knote, Ligon, Lucas, Lyons, Rives, 
Scoggin, Robert E Scott, ShefFey, Arthur R. Smith, Straughan, Tay¬ 
lor, Wallace, Willey, Wingfield,, 

27 


m 


Tor Mr. Taylor— 

Messrs. Armstrong, Bland, Bowden, Camden, Dale Carter, John Ac 
Carter, Deneale, Faulkner, Ferguson, Fisher, Gaily, Hoge, Johnson, 
Letoher, Miller, Murphy, Neeson, Seymour, Shelley, Benjamin H. 
Smith, Joseph Smith, Stephenson, Archibald Stuart, Summe s, Tate, 
Trigg, Van Winkle, Willey, Samuel C. Williams, Wingfield, Wise* 

For Mr. McCandlish— 

Messrs. John Y. Mason, (Pres’t.) Armstrong, Arthur, Bland, Blue, 
Bowden, Chilton, Deneale, Finney, Fisher, Hays, Hoge, Jacob, Jan- 
ney, Kenney, Knote, Letcher, Lucas, McCamant, McComas, William 
Martin, Neeson, Sloan, Benjamin H. Smith, Joseph Smith, James 
Stewart, Taylor, Willey, Samuel C. Williams, Wingfield,- Wise, 
Wysor. 

For Mr. Lucas— 

Messrs. Bland, Blue, Burgess, Caperton, Chapman, Davis, Deneale, 
Faulkner, Ferguson, Finney, Fultz, Hays, Hoge, Johnson, Knote,- 
Letcher, McCamant, McComas, Randolph, Scoggin, Seymour, Sloan, 
Benjamin H. Smith, Jas. E. Stewart, Archibald Stuart, Turnbull. 

For Mr. Johnson— 

Messrs. John Y. Mason, (Pres’t) Banks, Camden, Claiborne, Ed¬ 
munds, Faulkner, Ferguson, Fisher, Floyd, Fulkerson, Hall, Jacob, 
Jasper, Knote, Lynch, Jefferson T. Martin, Meredith, Murphy, Fran¬ 
cis W. Scott, Sloan, Joseph Smith, Summers, Taylor, Tunis, Van 
Winkle, Wallace. 

For Mr. Janney— 

Messrs. John Y. Mason, (Pres’t.) Banks,» Beale, Bocock, Bowles, 
Braxton, Burgess, Flood,- Hall, Hill, Jasper, Leake, Lynch, Lyons, 
McCandlish, Meredith, Morris, Saunders, Scoggin, Francis W. Scott,? 
Shell, Arthur R. Smith, Snowden, Tunis, Turnbull',■ Samuel Watts. 

For Mr. Edmunds— 

Messrs. J. Y. Mason, (Pres’t) Banks, Barbour, Beale, Bowles, Brax¬ 
ton, Burgess, Chambliss, Davis, Finney, Flood, M. R. H. Garnett,- 
Goode, Hall, Janney, Jasper, Lynch, Lyons, Meredith, Ridley, Fran¬ 
cis W. Scott, R. E. Scott, Arthur R. Smithy Stanard, Tunis, Samuel 
Watts. 

For Mr. Mi^ler-^- 

Messrs. John Y. Mason, (Pres’t.) Braxiton, Burgess 1 , Chambliss, 
Chilton, Claiborne, Edmunds, Flood, Goode, Hopkins, Janney, Lynch, 
Meredith, Morris,-Saunders, Scoggin, Stanard, Samuel Watts, Wysor. 

For Mr. Hunter— 

Messrs. Armstrong, Bowles, Carlile, Gaily, Hays, Hill, Kilgore, 
McCandlish, Jefferson T. Martin^ Miller, Moore, Neeson, Joseph Smith, 
Trigg, Van Winkle, Wise,-Wysor. 

For Mr. Goode— 

Messrs. Bowles, Burgess, Chambliss, Edmunds, Jones, Lyons, Me¬ 
redith, Ridley, Rives, Scoggin, Francis W. Scott, Robert G. Scott, 
Stanard, Turnbull, Woolfolk. 

For Mr. Scott, of Fauquier— 

Messrs. Barbour, Chilton, Edmunds, Finney, Flood, Garland, Hill, 
Hopkins, Janney, Morris, Randolph, Shell, Stanard, Summers, Tay¬ 
lor. 

'*■**'♦«* lv~?\ 

*e. 


211 


For Mr. Kenney— 

Messrs. Banks, Barbour, Bocock, Braxton, Flood, Leake, Ligon, 
Shell, ShefFey, Arthur R. Smith, Snowden, Tunis, Samuel Watts, 
Woolfolk. 

For Mr. Watts, of Roanoke— 

Messrs. Bocock, Burgess, Chambliss, Douglass, Flood, Muscoe R. 
H. Garnett, Lyons, Meredith, Miller, Morris, Francis W. Scott, Stan- 
ard, Straughan, Tunis. 

For Mr. Mason— 

Messrs. Beale, Burgess, Chambliss, Muscoe R. H. Garnett, Goode, 
Jasper, Lyons, Robert G. Scott, Arthur R. Smith, Taylor, Tunis, Wal¬ 
lace, Woolfolk. 

For Mr. Tate— 

Messrs. Camden, Caperton, Dale Carter, Chapman, Ferguson, Ful¬ 
kerson, Kilgore, Moore, Seymour, Jas. E. Stewart, Trigg, Wallace, 
Willey, Woolfolk, Wysor. 

For Mr. Chapman— 

Messrs. Beale, Botts. Bowden, Carlile, Dale Carter, Jacob, Leake, 
Meredith, Letcher, McComas, Miller, Francis W. Scott, Benjamin H. 
Smith, Tate. 

For Mr. Moore— 

Messrs. Beale, Camden, Caperton, Chapman, Edmunds, Fultz, 
Kenney, Leake, Letcher, Seymour, Shell, Benj. H. Smith, Snowden, 
Stephenson, Strother, Archibald Stuart, Summers, Tate. 

For Mr. Beale— 

Messrs. Banks, Bocock, Chambliss, Davis, Douglass, Edmunds, 
Muscoe R. H. Garnett, Hall, Jones, Leake, Robert Q. Scott, Turnbull, 
Woolfolk. 

For Mr. Camden— 

Messrs. Armstrong, John A. Carter, Dencale, Gaily, Janney, Moore, 
Neeson, Stephenson, Archibald Stuart, Samuel C. William®, Wise. 

For Mr. Sheffey— 

Messrs. Armstrong, John A. Carter, Faulkner, Johnson, Kilgore, 
Neeson, Joseph Smith, White, Wise. 

For Mr. Letcher —Messrs. Botts, Bowden, Fisher, Floyd, Van 
Winkle, Deneale, Jones, Scott, of Richmond city, Lucas, Whittle. 

For Mr. Smith, of Greenbrier—Messrs. Davis, Edmunds, Ligon, 
Meredith, McCandlish, Mason, Ridley, Scott, of Caroline, Saunders, 
Strother, Summers, Snowden, Tunis, Turnbull. 

For Mr. Caperton —Messrs. Blue, Finney, Fultz, Garland, M. R. 
H. Garnett, Randolph, Rives, Strother. 

For Mr. M. R. H. Garnett —Messrs. Barbour, Braxton, Floyd, Fu¬ 
qua, J uies, Meredith, Whittle, Turnbull. 

For Mr. Finney —Messrs. Arthur, Camden, Martin, of Henry, Mar¬ 
tin, of Marshall, Randolph, Stewart, of Morgan, Stephenson. 

For Mr. Hoge —Messrs. Arthur, Bland, Blue, Floyd, Hays, Me 
Camant. 

For Mr. Shell —Messrs. Braxton, Moore, Watts, of Norfolk county, 
Snow. en, Snoggin, Smith, of Norfolk county. 

For Mr. Jacob —Messrs. Bowles, Davis, Floyd, Jones, Kenney, 
Me Camant, Lyons, 


212 


For Mr. Barbour—M essrs. Carlile, Floyd, M. R. H. Garnett, Mer- 
edith, Scott, of Fauquier, Strother, Woolfolk, Mason. 

For Mr. Soutaall—M essrs. Janney, Meredith, Scott, of Richmond 
city, Strother, Flood. 

For Mr. Watts, of Norfolk county—Messrs. Claiborne, Leake, 
Hill, Rives, Shell, Tunis. 

For Mr. Bowden—M essrs. Botts, Caperton, Chapman, Fultz, Kil 
gore, Martin, of Marshall. 

For Mr. Braxton—M essrs. Floyd, Jones, Hall, Meredith, Jasper. 
For Mr. Carlile—M essrs. Barbour, Whittle, ShefFey. 

For Mr. Snowden—M essrs. Chjiton, Moore, Straughan, Wallace, 
Strother, Ligon. 

For Mr. Wallace—M essrs. Faulkner, Fulkerson, Garland, Fultz, 
Straughan. 

For Mr. Armstrong—M essrs. Carter, of Loudoun, Hall, Martin, of 
Henry, Willey. 

For Mr. Bocock—M essrs. Barbour, Edmunds, Goode, Lynch. 

For Mr. McComas—M essrs. Edmunds, Fisher, Martin, of Marshall, 
Rives. 

For Mr. Scott, of Caroline—Messrs. Douglass, Bowles, McComas, 
Morris. 

For Mr. Smith, of Kanawha—Messrs. Fuqua, Jones, Ridley, Scott > 
of Richmond city. 

For Mr. Chambliss—M essrs. Fuqua, Goode, Meredith, Mason. 
For Mr. Fisher—M essrs. Gaily, McComas, Jones. 

For Mr. Floyd—M essrs. Fuqua, Hoge, Scott, of Richmond city. 
For Mr. Hays—M essrs. Bland, Fuqua, Hoge. 

For Mr. Leake—M essrs. Fuqua, Davis, Rives. 

For Mr. Morris—M essrs. McComas, Wallace, White. 

For Mr. Lyons—M essrs. Morris, Scott, of Caroline, Stanard. 

For Mr. Randolph—M essrs. Botts, Hopkins, Kilgore. 

For Mr. Sloan—M essrs. Arthur, Summers, Woolfolk. 

For Mr. Stanard—M essrs. Davis, Rives, Whittle. 

For Mr. Strother—M essrs. Kilgore, Carlile, Snowden. 

For Mr. Bowles—M r. Whittle. 

For Mr. Fuq.ua—M essrs. Gaily, Leake. 

For Mr. Hill—M essrs. Scott, of Fauquier, Straughan. 

For Mr. Meredith—M essrs. Banks, Lynch. 

For Mr. Smith, ot Norfolk county—Messrs. Bocock, Ridley. 

For Mr. Martin, of Marshall—Messrs. Hopkins, McComas. 

For Mr. Tredway—M r. Strother. 

For Mr. Claiborne—M r. Wysor. 

For Mr. Fulkerson—M r. Banks. 

For Mr. Fultz—M r. Murphy. 

For Mr. Ferguson—M r. Whittle. 

For Mr. Hopkins—M r. Martin, of Marshall. 

For Mr. Willey—M r. Whittle. 

ForMr. Trigg—M r. Meredith. 

For Mr. Worsham—M r. Scoggin. 

For Mr. Wysor—M r. Hoge. 

For Mr. Me Cam ant—M essrs* Saunders and Chilton. 


213 


For Mr Garland — Mr. Chilton. 

For Mr. ! iiGON—Mr Faulkner. 

For Mr. Gm.ly —Mr. Fuqua. 

For Mr. Smith, of Ki ig & Queen— Mr. Ridley. 

For Mr. Smith, of Jackson—Mr. Ridley. 

For Mr. Snodgrass —Mr. Fisher. 

For Mr. Wise —Air. Hopkins. 

For Mr. Claiborne —Mr. Wysor. 

For Mr. Deneale —Mr. Hopkins. 

Whole number of votes cast 109 

Necessary to a choice 55. So that of the members vo¬ 

ted for Messrs. Summers and Martin, of Henry, alone received the ne¬ 
cessary number, and were declared to be chosen. 

On motion of Mr. Ferguson, the Convention agreed to choose two 
members of the committee at the next vote ; and the roll being called, it 
appeared that Mr. Wingfield had received 56 votes, Mr. Lucas 50, Mr. 
Seymour 21, Mr. Goode 11, Mr. Edmunds 7, Mr. Faulkner 6, Mr. 
Miller 4, Mr. Janney 8, Mr. Mason 4, Mr. Moore 2, Mr. Hunter 2, 
Mr. Scott, of F. 2, Mr. Kenney 2, Mr. Smith, of Greenbrier. 1, Mr. 
.Bocock 1, Mr. Bowles 1, Mr. Smith, of Jackson, 1, Mr. Letcher 1, 
Mr. Watts, of R. 1, Mr. Barbour 1, Mr. Beale 1, Mr. Snowden 1, 
Mr. Finney 1, Mr. Johnson 1. 

Those who voted for Mr. Wingfield are—Messrs. Armstrong, Arthur, 
Bland, Blue, Bowden, Camden, Caperton, Carlile, Dale Carter, John A. 
Carter, Chapman, Chilton, Deneale. Faulkner, Ferguson, Finney, Floyd, 
Fulkerson, Fultz, Gaily, Garland, Hays, Hoge, Hopkins, Jacob, Johnson, 
Kenney, Kilgore, Knote, Letcher, Lucas, McCamant, McCandlish, Me- 
Comas, Jefferson T. Martin, William Martin, Miller, Moore, Murphy, 
Neeson, Randolph, Seymour, Sheffey, Sloan, Benjamin H. Smith, Joseph 
Smith, Stephenson, Stewart, Stuart, Summers, Tafe, Trigg, Van Winkle, 
Willey, Samuel C. Williams and Wise. 

For Mr. Lucas —Messrs. Armstrong, Bland, Bluo, Bowden, Camden, 
Caperton, Carlile, Dale Carter, John A. Carter, Chapman, Deneale, Faulk¬ 
ner, Ferguson, Finney, Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, 
Hopkins, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, McCamant. 
McCandlish, McComas, Jefferson T. Martin, Miller, Murphy, Neeson, 
Seymour, Sheffey, Sloan, Benjamin II. Smith, Joseph Smith, Stephenson, 
Stewart, Stuart, Summers, Tate, Trigg, Van Winkle, Willey, Samuel C. 
Williams, Wingfield and Wise. 

For Mr. Seymour —Messrs. Banks, Barbour, Edmunds, Garland, M. 
R. H. Garnett, Hill, Jasper, Lynch, William Martin, Randolph, Arthur R» 
Smith, Snowden, Southall, Stanard, Strother, Taylor, Tunis, Turnbull? 
Samuel W atts and Woolfolk. 

For Mr. Goode —Messrs. Bowles, Edmunds, Fuqua, Muscoe R. H. 
Garnett, Meredith, Rives, Scoggin, Scott of Caroline, Scott of Richmond 
City, Turnbull and Woolfolk. 

For Mr. Edmunds —Messrs. Beale, Braxton. Flood, Jasper, Lynch, 
Stanard and Mason. 

For Mr. Faulkner —Messrs. Braxton, Chambliss, Lucas, Rives, Scott 
of Fauquier, and Wallace. 


For Mr. Milder —Messrs. Goode, Scoggin, Scott, of Caroline, and 
Mason. 

For Mr. Janney —Messrs. Banks, Hill, Shell, Snowden., Strother, Tay¬ 
lor, Tunis and Watts, of Norfolk. 

For Mr. Mason —Messrs. Chambliss, Goode, Ridley and WajUace. 

For Mr. Moore —Messrs. Beale and Leake. 

For Mr. Hunter —Messrs. Bowles and Moore. 

<For Mr. Kenney —Messrs. Flood and Ligon. 

For Mr. Smith, of Greenbrier—Mr. Arthur. 

For Mr. Bocock —Mr. Barbour. 

For Mr. Bowles— Mr. Whittle. 

For Mr. Smith, of Jackson—Mr. Whittle. 

For Mr. Beale —Mr. Leake. 

For Mr. Letcher —Mr. Meredith. 

For Mr. Watts, of Roanoke—Mr. Ridley. 

For Mr. Finney —Mr. Fisher. 

For Mr. Snowden —Mr. Ligon. 

For Mr. Johnson —Mr. Fisher. 

Whole number of votes cast 95 ; necessary to a choice 48. So that 
Messrs. Wingfield and Lucas, having received a majority, were declared 
to be elected to serve upon the committee. 

The Convention then proceeded to vote for two other members of the 
xommittee, and the roll being called, it appeared that Mr. Finney had re¬ 
ceived 55 votes, Mr. Caperton 46 votes, Mr. Goode 16 votes, Mr. Sey¬ 
mour 23 votes, Mr. Scott, of Fauquier, 7 votes, Mr. Janney 3 votes, 
Mr. Bocock 2 votes, Mr. Edmunds 6 votes, Mr. Miller 4, Mr. Johnson 
1, Mr. Kenney 1, Mr. Moore 1, Mr. Smith, of Greenbrier, 1, Mr. F aulk- 
ner. 1, Mr. Strother 1, Mr. Tate 1, Mr. Watts, of R. 1, Mr. Taylor 
1, Mr. McCandlish 1, Mr. Smith, of Norfolk, 1, Mr. Letcher 1, Mr. 
Van Winkle 1. 

The members voting for Mr. Finney are—Messrs. Bland, Blue, Bow¬ 
den, Camden, Caperton, Carlile, Dale Carter, John A. Carter, Chapman, 
Deneale, Fisher, Floyd, Fulkerson, Fultz, Galiya, Hays, Hoge, Hopkins 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, Lucas, McCa- 
mant, McCandlish, McComas, Jefferson T. Martin, William Martin, Mil¬ 
ler, Murphy, Neeson, Randolph, Saunders, Robert G. Scott, Seymour, 
Shetfey, Sloan, Benjamin H. Smith, Joseph Smith, Snowden, Stephenson, 
Stewart., Stuart, Summers, Tate, Trigg, Van Winkle, Willey, Samuel C. 
Williams, Wingfield, Wise and Wysor. 

For Mr. Cap kj^ton—M essrs. Anderson, Bland, Blue, Bowden, Cam¬ 
den, Carlile, Dale Carter, John A. Carter, Chapman, Deneale, Faulkner, 
l innev, Floyd, Fulkerson, Fultz,Gaily, Hays, Hoge, Hopkins, Jacob, John¬ 
son, Kenney, Kilgore, Knote, Letcher, Ligon, Lucas, McCamant, McCan¬ 
dlish, McComas, Jefferson T. Martin, William Martin, Miller, Moore, 
Murphy, Neeson, Randolph, Rives, Saunders, Seymour. Sheffey, Sloan, 
Benjamin H. Smith, Joseph Smith, Stephenson, Stewart, Stuart, Summers, 
Tate, Taylor, Trigg, Van Winkle, Willey, Samuel C. Williams, Wise 
and Wysor. 

b or Mr. Goode —Messrs. Mason, (Pres’t.) Bowles, Braxton, Cham¬ 
bliss, f uqua, Leake, Meredith, Ridley, Scoggin, Francis W. Scott, Robert 
G. Scott, Taylor, Turnbull, Wallace, Samuel Watts, Whittle. 


215 


For Mr. Seymour —Messrs. Bowles, Braxton, Chilton, Fuqua, Gar¬ 
land, Goode, Hill, Janney, Jasper, Leake, Lynch, Meredith, Ridley, Fran¬ 
cis W. Scott, Shell, Arthur R. Smith, Snowden, Stanard, Strother, Turn- 
bull, Samuel Watts, Whittle and Wingfield. 

For Mr. Scott of Fauquier—Messrs. Banks, Barbour, Chilton, Hilly 
Janney, Shell, Strother. 

For Mr. Bocock —Messrs. Muscoe R. H. Garnett and Goode. 

For Mr. Janney —Messrs. Armstrong, Arthur and Edmunds. 

For Mr. Edmunds —Messrs. Beale, Jasper, Lynch, Moore, Smith of 
Norfolk county and Stanard. 

For Mr. Miller —Messrs. Barbour, Chambliss,* Muscoe R.* H. Garnett 
and Scoggin. 

For Mr. Johnson —Mr. Fisher. 

For Mr. Kenney— Mr. Banks. 

For Mr. Faulkner —Mr. Beale. 

For Mr. Watts of Roanoke—Mr. Edmunds. 

For Mr. T ay i. or—M r. Faulkner. 

For Mr. McCandlish— Mr. Finney. 

For Mr. Strother - Mr. Garland. 

For Mr. Tate —Mr. Martin of Henry. 

For Mr. Smith of Norfolk county—Mr. Tunis. 

For Mr. Letcher —Mr. Tunis. 

For Mr. Van Winkle —Mr. Wallace. 

For Mr. Smith of Greenbrier—Mr. Arthur* 

Whole number of votes 94 ; necessary to a choice 48/ 

Mr. Finney being the only member who received a majority of the 
whole vote, was declared to be chosen ; and 

On m )tion of Mr. Wise, the Convention agreed to proceed to elect 
the remaining three members of the committee by one vote, and the roll 
being called, it appeared that Mr. Caperton had received 67 votes, Mr. 
Letcher 48, Mr. Chilton 56, Mr. Seymour 34, Mr. Edmunds 19, Mr. 
Faulkner 2, Mr. Johnson 3, Mr. Jacob 1, Mr. Janney 2, Mr. Kenney 
2, Mr. Saunders 1, Mr. McComas 1, Mr. Moore 2, Mr. Scott of Fau¬ 
quier 6, Mr. Goode 1, Mr. Smith of Greenbrier 1, Mr. Morris 1, Mr. 
Chapman 2, Mr. Miller 7, Mr. Taylor 1 , Mr. Barbour 1 , Mr. Mlc- 
Candlish 1, Mr. Neeson 1, Mr. Tate 1, Mr. Camden 1, Mr. Hunter 

Mr. Trigg 1. 

The members voting for Mr. Caperton are—Messrs. Armstrong, Ar¬ 
thur, Bland, Blue, Bowden, Camden, Carlile, Dale Carter, John A. Car¬ 
ter, Chapman, Chilton, Deneale, Edmunds, Faulkner, Finney, Floyd, 
Fulkerson, Fultz, Gaily, Garland, M. R. H. Garnett, Hays, Hoge, Hop¬ 
kins, Jacob, Jasper, Johnson, Kenney, Kilgore, Letcher, Ligon, Lucas, Mc- 
Camant, McCandlish, McComas, Mason, Meredith, Moore, Morris, Mur¬ 
phy, Neeson, Randolph, Rives, Robert G. Scott, Seymour, Shell, ShefFey, 
Sloan, B. H. Smith, Joseph Smith, Stephenson, Stewart, Strother, Stuart, 
Summers, Tate, Taylor, Trigg, Van Winkle, Samuel Watts, White, Wil¬ 
ley, Samuel C. Williams, Wingfield, Wise, Wysor. 

For Mr. Letcher —Messrs. Armstrong, Arthur, Blue, Bowden, Cam¬ 
den, Caperton, Carlile, Dale Carter, John A. Carter, Chapman, jDeneale, 
, Faulkner, Finney, Floyd, Fultz, Gaily, Hays, Hoge, Jacob, Johnson, 
Knote, Leake, Ligon, Lucas, McCamant, McCandlish, McComas, Jeffer* 


216 


son T. Martin, Meredith, Moore, Neeson, Seymour, ShefFey, B. H. Smith, 
Joseph Smith, Stephenson, Stuart, Summers, Tate, Taylor, Van Winkle, 
White, Willey, Wingfield, Wise and Wysor. 

For Mr. Chilton —Messrs. Armstrong, Arthur, Bland, Blue, Bowden, 
Camden, Caperton, Carlile, Dale Carter, John A. Carter, Chapman, De- 
neale, Faulkner, Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, Hopkins, 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, Lucas, Lynch, 
McCaman*, McCandlish, McComas, Jefferson T. Martin, William Martin, 
Moore, Seymour, Shell, Sloan, Benjamin H. Smith, Joseph Smith, Ste¬ 
phenson, Stewart, Stuart, Summers, Tate, Taylor, Trigg, Van Winkle, 
Wallace, William Watts, White, Whittle, Willey, Samuel C. Williams, 
Wise and Wysor. 

For Mr. Seymour —Messrs. Banks, Barbour, Bland, Bowles, Braxton, 
Flood, Fulkerson, Garland, Muscoe R. H. Garnett, Goode, Janney, Jas¬ 
per, Kenney, Kilgore, Knote, Leake, Letcher, Lynch, Lyons, Morris, 
Randolph, Ridley, Francis W. Scott, Shell, Stanard, Stewart, Strother, 
Trigg, Turnbull, Samuel Watts and Samuel 0. Williams. 

For Mr. Edmunds —Messrs. Mason, (Pres’t.) Banks, Barbour, Beale, 
Bowles, Braxton, Chambliss, Flood, Muscoe R. H. Garnett, Janney, Jas¬ 
per, Leake, Lynch, Lyons, Ridley, Rives, Robert G. Scott, Stanard, Turn- 
bull, Samuel Watts and Whittle. 

For Mr. Faulkner —Messrs. Beale and Scoggin. 

For Mr. Johnson —Messrs. Fisher, Scoggin and Wallace, 

For Mr. Kenney —Messrs. Banks and Barbour. 

For Mr. Janney —Messrs. Goode and Scoggin. 

For Mr. Moore —Messrs. Martin of Henry, and Caperton. 

For Mr. Jacob —Mr. Chambliss. 

For Mr. Goode —Mr. Meredith. 

For Mr. Barbour —Messrs. Morris and Fdmunds. 

For Mr. Scott of Fauquier—Messrs. Wingfield, Strother, Garland, 
Finney, Chilton and Randolph. 

For Mr. Miller —Messrs. Mason, Ridley, Lyons, Goode, Flood, Chil¬ 
ton and Braxton. 

For Mr. Smith of Greenbrier—Mr. Turnbull. 

For Mr. McCandlish —Mr. Fisher. 

For Mr. Neeson —Mr. Fisher. 

For Mr. Hunter —Mr. Bowles. 

For Mr. Trigg —Mr. Chambliss. 

For Mr. Tate —Mr. Hopkins. 

For Mr. Camden —Mr. Janney. 

For Mr. Taylor —Mr. Edmunds. 

For Mr. McComas —Mr. Rives. 

For Mr. Morris —Mr. Wallace. 

For Mr. Chapman —Messrs. Wallace and Beale. 

For Mr. Saunders —Mr. Scott of Caroline. 

Whole number of votes 91, necessary to a choice, 46 ; and Messrs. Ca¬ 
perton, Ciiilton and Letcher having received the necessary number, 
were declared to be chosen to complete the committee. 

The committee was then announced :—Messrs. Summers, Martin, of 
Henry, Wingfield, Lucas, Finney, Caperton, Chilton and Letcher. 


217 


On motion of Mr. Hunter, 

Resolved , That when the Convention adjourns to-day, it adjourn to 
meet to-morrow at 12 o’clock. 

On motion of Mr. Whittle, the Convention adjourned. 

Tuesday, May 13th, 1851. 

The Convention met pursuant to adjournment. 

On motion of Mr. Stuart, of Patrick, the reading of the journal of yes¬ 
terday’s proceedings was dispensed with. 

The President submitted a communication from the Secretary of the 
Convention, which was read as follows: 

Richmond, May 13th, 1851. 

Sir—In compliance with a resolution of the Convention, I have sold 
the furniture which was purchased for its use. 

The proceeds, amounting, after deducting the costs of sale, to $187 19, 
I have paid into the treasury of the State. 

Very respectfully, your obedient servant, 

S. D. WHITTLE. 

On motion of Mr. F erguson, 

Ordered , That the said communication be laid upon the table. 

On motion of Mr. Hoge, the Convention adjourned. 


Wednesday, May 14th, 1851. 

The Convention rnet pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approvtd. 

On motion of Mr. Davis, 

Ordered , That the Convention will take a recess until twelve o’clock. 

At twelve o’clock the Convention assembled, and Mr. Martin, of 
Henry, submitted a report from the committee on the compromise of 
the Basis question, which on his motion was ordered to pe printed. 

Upon farther motion of Mr. Martin, of Henry, 

Ordered , l 1 hat. the said report be referred to a committee of the 
whole upon the report of the committee on the Basis of Rej resenta- 
tion. 

Mr. Woolfolk moved that when the Convention adjourn to-day, it 
adjourn to meet to morrow at 12 o’clock, and the motion being put to 
the Convention was rejected. 

On motion of Mr. Scoggin, the Convention adjourned. 


Thursday, May 15th, 1851. 

The Convention met pursuant to adjournment, ai.d was opened with 
prayer by the Rev. Mr. Taylor, of the Presbyterian church ; after 
which, the journal of yesterday’s proceedings was read and ap¬ 
proved. 

Mr. Ridley moved the following resolution : 

Resolved , That all debate in committee of the whole, on the Basis 
of Representation, shall cease as soon as the Convention has resolved 
itself into a committee of the whole. 

Mr. Bowden moved that the resolution just read, be laid upon the. 
table ; and the motion was decided in the affirmative, ayes 64, noes 
46. 


28 





218 


On motion of Mr. Bowden, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Arthur, Bland, Blue, Botts, Bowden, 
Richard E. Byrd, Camden, Carlile, Dale Carter, John A. Carter, Chap¬ 
man, Chilton, Cla borne, Deneale, Edwards, Faulkner, Ferguson, Fin¬ 
ney, Fisher, Floyd. Fulkerson, Fultz, Hays, Hoge, Hopkins, Jacob, 
Johnson, Kilgore, Knote, Letcher, Lionberger, Lucas, McC mant, Mc- 
Cornas, Jefferson T. Martin, William Martin, Miller, Moore, Murphy, 
INeeson, Newman,Rives,Saunders,R. E.Scott Seymour,Sheffey, Sloan, 
Benjamin H. Smith, Joseph Smith, Snodgrass, Stephenson, Stewart, 
Stuart, Summers, Tate, Taylor, Trigg, Van Winkle, White, Willey, 
Samuel C. Williams. Wingfield and Wise—64. 

Nays —Messrs. Mason, (Pre^’t.) Banks, Barbour, Bocock, Bowles, 
Braxton, Burgess, Chambliss, Davis, Douglass, Edmunds, Flood, Fu¬ 
qua, Garland, Muscoe R. H. Garnett, Goode, Hall, Janney, Jasper, 
Jones, Leake, Ligon, Lynch, "Lyons, McCandlish, Meredith, Morris, 
Petty, Randolph, hidley, Scoggin, Francis W. Scott, Robert G. Scott, 
Shell, Arthur R- Smith, Snowden, Southall, Stanard, Straughan, 
Strother, Tredway, Tunis, Turnbull, Wallace, Samuel Watts, and 
Whittle—46. 

On motion of Mr. Carter, of Loudoun, the Convention resolved 
itself into a comm ttee of the whole, upon the Report of the committee 
on the Basis of Representation, &c.; Mr. Miller in the Chair. 

After some t me the President resumed the Chair, and Mr. Miller 
reported that the committee had had under consideration the matters 
referred to them, and had made progress therein, but had come to no 
conclusion. 

On motion of Mr. Miller, the Convention adjourned. 


Friday, May 16, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Taylor, of the Presbyterian church, the journal of yester¬ 
day’s preceedings was read and approved. 

On motion of Mr. Edmunds, the Convention resolved itself into a 
committee of the whole, upon the Report of the committee on the Basis 
of Representation, &c. ; Mr. Miller being in the Chair. 

After some time the President resumed the Chair, and Mr. Miller 
reported that the committee had made progress in the matters referred 
to them, but had come to no conclusion thereupon. 

On motion of Mr. Wise, 

Ordered , That an amendment offered by him on yesterday, in com¬ 
mittee of the whole, to the Report of the committee on the Basis cf 
Representation, be printed for the use of the Convent on. 

On motion of Mr. Miller, the Convention adjourned. 


Saturday, May 17th, 1851. 

The Convention met pursuant to adjournment, and af:er prayer by 
the Rev. Mr. Hoge, of the Presbyterian church, the journal of yester¬ 
day’s proceedings was read and approved. 

On motion of Mr. Strother, 

Ordered , That the Secretary certify for payment, an account of 




219 


James Davis for coal furnished the Convention, amounting to twenty- 
six dollars. 

On motion of Mr. Hays, 

Resolved, That when the Convention adjourns this day, it will ad¬ 
join u to meet on Monday, and thereafter, each day at 9 o’clock A. M. 
until otherwise ordered. 

On motion Mr. Blue, the Convention resolved itself into a committee 
of the whole Con vent.on, upon the Report of the committee on the Basis 
of Representation, &c.; Mr. Miller being in the Chair. 

After some time the President resumed the Chair, and Mr. Miller 
reported that the committee had had under consideration the matters re¬ 
ferred to them, and had directed him to make a report thereupon. 

On motion of Mr. Summers, 

Ordered , That the said report be laid upon the table. 

Mr. Summers moved that the said report, except the statements 
marked A and B, in the report of the committee on the Basis of Repre¬ 
sentation, be printed for the use of the Convent on. 

Mr. Lyons moved lo amend the motion bv striking therefrom the 
words, <£ except the statements marked A and B in the report of the com 
mittee on the Basis ot Representation.” 

The question being put upon the amendment of Mr. Lyons, the 
amendment was rejected. Mr. Summers’ motion was then adopted. 

On motion of Mr. Wise, 

Resolved , That the Convention will, on Tuesday next, the 20th inst. 
at 11 o’clock, and daily thereafter unt l otherwise ordered, resolve Uself 
into a comm ttee of the whole house, for the purpose of considering 
the Report of the committee on the Legislative department of the Go¬ 
vernment. 

On motion of Mr. Bocock, 

Resolved , That an amendment which he designed offering to the Re¬ 
port of the committee of the whole, upon the Basis of Representation, 
be laid upon the table, and printed. 

On motion of Mr. Letcher, the Convention adjourned. 


Monday, May 19th, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Kingsford, of the Baptist church; after which the 
journal of Saturday’s proceedings was read and approved. 

Mr. F erguson submitted sundry propositions, which he designed offering, 
in relation to “ the appropriation of the public money to works of inter¬ 
nal improvement,” which upon his motion were ordered to be laid upon 
the table and printed. 

On motion of Mr. Wingfield, the Convention agreed to take up and 
consider the report of the committee of the whole, upon the Basis and Ap¬ 
portionment of Representation, which was read as follows : 

Mr. Miller, from the committee of the whole Convention, reported, 

That the committee had had under consideration the Report of the com¬ 
mittee on the Basis of Representation to them referred, and had directed 
him to report the same with the following amendments: 

1st. Strike out proposition B.; 2d. strike out proposition A. in said re¬ 
port, and insert the following: 



220 


1. The Legislature shall be formed of two distinct branches, which to- 

2 gether shall be a complete Legislature, and shall be called the General 

3 Assembly of Virginia. 

2. One of these shall becalled the House of Delegates, and shall con- 

2 sist of one hundred and fifty Members, to be chosen biennially for and 

3 by the several counties, cities and towns of the Commonwealth ; where- 

4 of, eighty-two Delegates shall be chosen for and by the counties, 

5 cities and towns lying West of the Blue Ridge of Mountains, and six- 

6 ty-eight for and by the counties, cities and towns lying East of the 

7 Blue Ridge, and said Delegates shall be distributed and apportioned as 

8 follows, to wit : 

3. The other House of the General Assembly shall be called the 

2 Senate, and shall cons st of fifty Members, to be elected for four years ; 

3 of whom, thirty shall be chosen for and by the counties, cities and 

4 towns lying East of the Blue Ridge of mountains, and twenty for 

5 and by the counties, cities and towns lying West thereof; and for 

6 the election of whom, the counties, cities and towns shall be divided 

7 into fifty districts, to be composed of contiguous territory, and as com- 

8 pact in form as may be. Each county, city and town of the respective 

9 districts, at the time of the first election of its Delegate or Delegates 

10 under this Constitution, shall vote for one Senator, and the sheriffs or 

11 other officers holding the election for each county, city and town, 

12 within five days at farthest after the last election in the district, shall 

13 meet at some convenient place, within the respective districts, and from 

14 the polls so taken, in their respective counties, cities and towns, return 

15 as a Senator, the person who shall have the greatest number of votes 

16 in the whole district. Immediately after the Senators shall be assem- 

17 bled in consequence of such election, they shall be divided by lot into 

18 two classes. The seats of the Senators of the first class shall be va- 

19 cated at the expiration of the second year, and of the second class at 

20 the expiration of the fourth year, after such first election, and which 

21 rotation shall be continued biennially, so that one-half may be chosen 

22 every second year ; and for the election of Senators the counties of 

23 shall form one district, &c. 

4. It shall be the duty of the General Assembly in the year 1865 to re- 

2 apportion representation in the Senate and House of Delegates; and in 

3 the event the General Assembly shall not be able to agree as to the 

4 principle of representation on which such re-apportionment shall be 

5 made, or shall fail to make such re-apportionment, then the Governor 

6 of the commonwealth shall, by his proclamation, immediately there- 

7 after require the qualified voters of the commonwealth to assemble in 

8 their respective counties, cities and towns, and to declare, by their 

9 votes, whether representation in the two Houses of the General As- 

10 sembly, or in either of them, shall be apportioned according to the 

11 number of qualified voters in the commonwealth, or according to the 

12 number of white inhabitants contained and the amount of all taxes 

13 raised by the Legislature paid in the several counties, cities and towns 

14 of the commonwealth ; deducting therefrom all taxes paid on licenses 

15 and law process, and allowing one delegate for every seventy-fifth part 

16 of the said inhabitants, and one delegate for every seventy-fifth part 

17 of the said taxes, and distributing the number of Senators in like man- 


221 


18 ner ; or whether representation shall be apportioned in both houses of 

19 the General Assembly according to all the white population contained 

20 in, or the whole amount of taxes raised by the Legislature paid in the 

21 several counties, cities and towns of the commonwealth. 

5. It shall be the duty of the said sheriffs and other officers taking 

2 said polls, within five days after the same shall have been closed, to 

3 certify true copies thereof to the Governor, who shall thereupon, as 

4 early as may be. ascertain the result of said vot * and make proclama- 
0 tion thereof. It shall a!so be the duty of the Governor to communi- 

6 cate the same to the first General Assembly which shall convene after 

7 the taking of the said vote and the said General Assembly thereupon, 

8 at the regular session thereof which shall be held next after the ta- 

9 king of said vote, shall apportion represention in each House of the 

10 General Assembly, according to the principle of representation therein, 

11 for which a majority of the qualified voters shall have declared their 
^2 preference, by the vote aforesaid ; and thenceforth it shall be the duty 

13 of the General Ass mbly, in every tenth year thereafter, to re-appor- 

14 tion and distribute the number of Senators and Delegates throughout 

15 the Commonwealth according to the same principle of representation. 
The President stated the question to be upon agreeing with the com¬ 
mittee of the whole in their first amendment, viz : in striking out schedule 
B from the Report of the committee on the Basis of Representation. 

Mr. VVoolfolk moved that the Convention do adjourn, and the motion 
was rejected. 

The Convention then agreed to the first amendment of the committee of 
the whole, ayes 80, noes 2. 

On motion of Mr. Stanard, the vote was recorded as follows: 

Jiyes —Messrs. Mason, (Pres’t.) Armstrong, Arthur, Banks, Bland, 
Blue, Boeock, B )tts, Bowlen. Bowles, Burgess, Cum len, Chambliss, 
Chapman, Chilton, Claiborne, Cocke, Cox, Davis, Deneale, Faulkner, Fer¬ 
guson, Fisher, Floyd, Fultz, Fuqua, Garland, Muscoe R. H. Garnett, 
Goode, Hall, Hays, Hill, Hoge, Hopkins, Jacob, Janney, Johnson, Jones, 
Kenney, Kilgore, Knote, Letcher, Ligon, Lucas, Lynch, McCamant Mc- 
Candlish, William Martin, Meredith, Moore, Neeson, Petty, Randolph, 
Ridley, Rives, Saunders, Scoggin, Francis W. Scott, Robert E. Scott, 
Robert G. Scott, Seymour, Shell, Sheffey, Sloan, Benjamin H. Smith, Jo¬ 
seph Smith, Win. Smith, Stanard. Stephenson, Strother, Stuart, Summers, 
Tate. Taylor, Turnbull, Van Winkle, Samuel Watts, Whittle, Willey, 
Samuel C. Williams, and Wingfield -80. 

J\nys — Messrs. Fulkerson and Woolfolk — 2. 

The question was then stated upon agreeing with the committee of the 
whole in their second amendment, viz: in striking out schedule A in the 
Report of the committee on the Basis of Representation, and inserting in 
lieu thereof the substitute reported by the committee of the whole. 

Mr. Saunders moved that the Convention do adjourn, and the motion 
was decided in the negative. 

Mr. Wise demanded a division of the question, and the vote was first 
taken on agreeing with so much of the Report ot the committee of the 
wh de as strikes out schedule A, and was decided in the affirmative, ayes 
47, noes 37. 

On motion, the vote was recorded as follows : 


222 



Jlycs —Messrs. Armstrong, Arthur, Bland, Blue, Botts, Bowden, Cam¬ 
den, Chapman, Chilton, Claiborne, Deneale, Faulkner, Ferguson, Finney, 
Fisher, Floyd, Fulkerson, Fultz, Hays, Hoge, Jacob, Johnson, Kenney, 
Kilgore, Knote, Letcher, Lucas, McCamant, McComas, William Martin, 
Miller, Moore, Neeson, Randolph, Sheffey, Sloan, Benjamin H. Smith, 
Joseph Smith, William Smith, Stephenson, Stuart, Summers, Tate, Van 
Winkle, Willey, Samuel C. Williams, and Wingfield— 47 . 

Nays —Messrs. Mason, (Pres’t.) Banks, Bocock, Bowles, Burgess, 
Chambliss, Cocke, Cox, Davis, Fuqua, Garland, Muscoe R. H. Garnett, 
Goode, Hall, Hill, Hopkins, Janney, Jones, Ligon, Lynch, McCandlish, 
Meredith, Petty, Ridley, Rives, Saunders, Scoggin, Francis W. Scott, 
Robert E. Scott, Robert G. Scott, Shell, Stanard, Strother, Taylor, Turn- 
bull, W hittle and Woolfolk—37. 

On motion of Mr. Wise, the Report of the committee of the whole 
was amended, by adding thereto the following: 

6. The whole number of Members, to which the State may at any 

2 time be entitled in the House of Representatives of the United States, 

3 shall be apportioned, as nearly as may be, amongst the several counties, 

4 cities and towns according to their respective numbers, which shall be 

5 determined by adding to the whole number of free persons, including 

(i those bound to service for a term of years, and excluding Indians not 

7 taxed, three-fifths of all other persons. 

Mr. Botts moved the following as a substitute to the report of the 
committee of the whole : 

1. The Legislature shall be formed of two distinct branches, which, to- 

2 gether, shall be called the General Assembly. 

2. One of these shall be called the House of Delegates, and shall consist 

2 of members, to be apportioned, as nearly as practicable, among 

3 the several counties, cities and towns of the commonwealth, according 

4 to the compound ratio of federal numbers and white population com- 

5 bined. 

3. The other shall be called the Senate, and shall consist of 

2 members; to form which, the state shall be laid off into districts, 

3 as nearly equal in extent and population as practicable, and each dis- 

4 trict shall be entitled to one representative, to be apportioned in like 

5 manner among the several counties, cities and towns, upon the compound 

6 ratio of federal numbers and white population combined. 

4. It shall be the duty of the Legislature in the year , and 

2 every tenth year thereafter, to re-apportion the representation of each 

3 house, upon the principle set forth of federal numbers and white 

4 population combined. 

On motion of Mr. Letcher, 

Ordered , That the report and amendments be laid upon the table. 

On farther motion of Mr. Letcher, 

Ordered , That the sub titute of Mr. Botts be printed for the use of the 
Convention. 

On motion of Mr. Wise, the Convention adjourned. 


223 


Tuesday, May 20, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev Dr. Kingsford of the Baptist Church, the journal of yester¬ 
day’s proceedings was read and approved. 

On motion of Mr. Hays, 

Resolved , That the Secretary be required, under the direction of the 
President, to prepare and append to the printed journal of the Conven¬ 
tion, the proceedings and votes of the committee of the whole on the 
Basis of Representation. 

Mr. Ferguson offered the following resolution, which, on his mo¬ 
tion, was ordered to be laid upon the table. 

Resolved , That a committee of four members, two from the east, 
and two from the west, be appointed, to whom all propositions agreed 
upon by the Convention shall be committed for correction and revision. 

The said committee shall report to the Convention, from time to 
time, such corrections and amendments to the propositions committed 
to them, as in their opinion may be necessary and proper. 

Mr Claiborne proposed the following resolution : 

Resolved , That the order authorizing the calling of the ayes and noes 
in co limittee of the whole, be rescinded. 

Mr. Fisher moved to amend the resolution by adding thereto the 
following : “ and also the order establishing 9 o’clock, A. M., as the 
hour of meeting fir the Convention.” 

The question was put upon the amendment of Mr. Fisher, and the 
amendment rejected. 

The resolution of Mr. Claiborne was then adopted—ayes 62, 
noes 29. 

On motion of Mr. Woolfolk, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t.) Armstrong, Arthur, Bland, 
Blue, Botts, Bowden, Camden, Chambliss, Chapman, Chilton, Clai¬ 
borne, Deneale, Faulkner, Ferguson, Floyd, Fulkerson, Fultz, Gaily, 
Garland, Hays, Hill, Hoge, Jacob, Janney, Johnson, Kilgore, Knote, 
Ligon, Lucas, McCamant, McCandlish, McComas, W. Martin, Mere¬ 
dith, Miller, Neeson, Rives, Saunders, Robert E. Scott, Seymour, Shell, 
Sheffey, Sloan, Benjamin H. Smith, Joseph Smith, William Smith, 
Stephenson, James E. Stewart, Archibald Stuart, Summers, Tate, Tay¬ 
lor, Trigg, Tunis, Van Winkle, Samuel Watts, William Watts, Willey, 
Samuel C Williams, Wingfield—62. 

Noes— Messrs. Banks, Barbour, Bowles, Burgess, Cox, Davis, Fin¬ 
ney, Fisher, Flood, Fuqua, M. R. H. Garnett, Goode, Hall, Hopkins, 
Jones, Kenney, Lynch, Jefferson T. Martin, Petty, Randolph, Ridley, 
Scoggin, F. W. Scott, Robert G. Scott, Stanard, Strother, Turnbull, 
Whittle, Woolfolk—29. 

On motion of Mr. Martin, of Marshall, 

Resolved , That a committee of five members be appointed to settle 
with the Trustees of the CJniversalist Church, for the rent of their 
church edifice, during the time it was occupied by the Convention, 
and that said committee report the amount due thereon, that said ac¬ 
count may be certified for payment. 

The President appointed the following committee under said reso¬ 
lution :—Messrs. Martin, of Marshall, Davis, Kenney, Cox, Williams, 
of Fairfax. 


224 


On motion of Mr. Wingfield, the Convention agreed to take up 
and consider the report of the committee of the whole upon the basis 
of representation, and the amendment thereto offered by Mr. Botts. 

Mr. W ingfif.ld moved to amend the report of the committee, by 
striking therefrom the 4th and 5th sections and inserting in lieu thereof 
the following : 

4. It shall be the duty of the General Assembly, in the year 1865, 
and in every tenth year thereafter, in case it can agree upon a principle 
of representation, to re-apportion representation in the Senate and House 
of Delegates, in accordance with such principle : and in the event the 
General Assembly, at the first or any subsequent period of re-apportion¬ 
ment, shall fail to agree upon a principle of representation and to re-ap¬ 
portion representation according thereto, each house separately shall 
propose its scheme of representation, containing a principle or rule of 
representation for the House of Delegates, in connexion with a princi¬ 
ple or rule of representation for the Senate. And it shall be the duty 
of the General Assembly, at the same session, to certify to the Gover¬ 
ns’ of the commonwealth, the principles or rules of representation 
which the respective houses may separately propose to be applied, in 
making re-apportionments in the Senate and in the House of Delegates r 
and thereupon the Governor shall, as soon thereafter as may be, by 
proclamation, make known the respective propositions of the two hou¬ 
ses, and require the qualified voters of the commonwealth to assemble 
at their lawful places of voting, and to decide by their votes between 
the propositions thus presented ; or in the event the General Assembly 
shall fail in the year 1865, or in any tenth year thereafter, to make such 
re-apportionment or certificate, the Governor shall immediately after the 
adjournment of the General Assembly, by proclamation, require the 
qualified voters of the commonwealth to assemble at their lawful places 
of voting and to declare by their votes, first, whether representation in 
the Senate and House of Delegates shall be apportioned on the suf¬ 
frage basis, that is, according to the number of qualified voters in the 
commonwealth ; or, second, whether representation in both houses 
shall be apportioned on the mixed basis, that is, according to the num¬ 
ber of white inhabitants contained, and the amount of all taxes raised 
by the Legislature, paid in the several counties, cities and towns of 
the commonwealth, deducting therefrom all taxes paid on licenses and 
law process and any capitation tax on free negroes, allowing one dele¬ 
gate for every seventy-fifth part of said inhabitants, and one delegate 
for every seventy-fifth part of said taxes, and distributing the Senators 
in like manner : or, third, whether representation shall be apportioned 
in the Senate on taxation ; that is. according to the amount of all taxes 
raised by the Legislature, paid in the several counties, cities and towns 
of the commonwealth, deducting therefrom all taxes paid on licenses 
and law process, and any capitation tax on free negroes ; and in the 
the House of Delegates on the suffrage basis, as aforesaid. Or, fourth, 
whether representation shall be apportioned in the Senate on the mixed 
basis, as aforesaid : and in the House of Delegates on the suffrage ba¬ 
sis as aforesaid : and each voter shall cast his vote in favor of one of 
said schemes of apportionment and no more. 

5. it shall be the duty of the Sheriffs and other officers taking said 
polls, to keep the same open for the period of three days ; and with- 


225 


in five days after they shall be closed, to certify true copies thereof to 
the Governor, who shall, thereupon, as early as may be, ascertain the 
result of said vote, and make proclamation thereof; and in case it be 
ascertained that a majori y of all the votes cast be in favor of either of 
the principles of representation, referred as aforesaid to tbe choice of 
the qualified voters, the Governor shall communicate the result of such 
vote to the General Assembly, at its first regular session thereafter ; 
but in case it be ascertained that a majority of all the votes cast be not 
in favor of either of the principles of representation, referred as afore¬ 
said to the choice of the qualified voters, it shall be the duty of the 
Governor as soon as may be, after ascertaining that fact, in like man¬ 
ner, to cause the qualified voters to decide between the two principles 
of representation, which shall, at such previous voting, have received 
the greatest number of votes ; and he shall ascertain and make procla¬ 
mation of the result of said last vote, and communicate the same to 
the General Assembly, at its first regular session thereafter ; and in ei¬ 
ther case the General Assembly, at the regular session thereof, which 
shall be held next after the taking of the vote, the result of which shall 
have been communicated to it by the Governor, shall re-apportion repre¬ 
sentation in the two houses, acccording to the principle of representa¬ 
tion in each respe -tively, for which a maj uity of the votes cast shall have 
been given : and it shall be the duty of the General Assembly in every 
tenth year thereafter to re-apportion and distribute the number of Sena¬ 
tors and Delegates according to the same principle of representation. 

Mr. Whittle moved that the report and amendments be laid upon 
the table, and the motion was decided in the negative. 

The amendment of Mr. Wingfield was then adopted. 

The question then recurred upon the motion of Mr. Botts, to strike 
out the report of the committee and insert his amendment. 

Mr. Scott, of Richmond city, called for a division of the question, 
and it was first propounded upon striking out the report of the com¬ 
mittee of the whole, and the Convention refused to strike out—ayes 
37, noes 53. 

On motion of Mr. Scott, of Richmond city, the vote was recorded 
as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t) Banks, Botts, Bowles, 
Burgess, Chambliss, Cox, Davis, Finney, Flood, Fuqua, Muscoe R. 
H. Garnett, Goode, Hall, Hill, Janney, Jones, Lynch. McCandlish, 
Meredith, Petty, Ridley, Rives, Saunders, Scoggin, Francis W. Scott, 
Robert E. Scott, Robert G. Scott, Shell, Stanard, Strother, Taylor, 
Tunis, Turnbull, Samuel Watts, Whittle, Woolfolk—37. 

Noes— Messrs. Armstrong, Arthur, Bland, Blue, Bowden, Camden, 
Chapman, Chilton, Claiborne, Cocke, Deneale, Faulkner, Ferguson, 
Fisher, Floyd, Fulkerson, Fultz, Garland, Hays, Hoge, Hopkins, 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, Lucas, 
McCamant, McComas, Jefferson T. Martin, William Martin, Miller, 
Moore, Neeson, Randolph, Seymour, Sheffey, Sloan, Benj. H. Smith. 
Joseph Smith, Wm. Smith, Stephenson, James E. Stewart, A. Stuart, 
Summers, Tate, Trigg, Van Winkle, Willey, Samuel C. Williams, 
Wingfield—53. 

Mr. Stanard moved to amend the report in the 2d section and 4th 
29 


226 


line, by striking therefrom the words u eighty-two,” and inserting in 
lieu thereof the words u eighty-one and in the same section, lines 
5 and 0, to strike out the words “ sixty-eight/’ and insert in lieu 
thereof, the words “ sixty-nine.” 

The hour of eleven o’clock having arrived, Mr. Wise moved to sus¬ 
pend the order of Saturday last, requiring the Conventi mat that hour, 
daily, to resolve itself into a committee of the whole upon the report 
of the committee on the Legislative department. 

The motion being put to the Convention, was decided in the affir¬ 
mative. 

The question recurred upon the motion of Mr. Stanard ; pending 
the consideration of which, Mr. M. R. H. Garnett moved that the 
Convention do adjourn, and the motion was decided in the negative. 

Afier some time, on m tion of Mr. Woolfolk, the Convention ad¬ 
journed. 


WedxNesday, May 21, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

The President stated the question to be upon the amendment of 
Mr. Stanard, to the report of the committee of the whole upon the 
basis of representation. 

Mr. Camden asked a division of the question, and the question was 
first propounded upon striking out from the report of the committee the 
words indicated in the amendment of Mr. Stanard. 

Mr. Wise demanded that the main question be put, and it was or¬ 
dered, and the Convention refused to strike cut—ayes 39, n< es 49. 

On motion of Mr. Stanard, the vote was recorded as follows: 

Ayes— Messrs. John Y. Mason, (Pres’t.) Banks, Bocock, Bowles, 
Braxton, Burgess, Chambliss, Conway.Davis Finney, Flood, Gailand, 
M. fi. H. Garnett. Goode, Hall, Hill, Hopkins, Janney, Jones, Ligrn, 
Lynch, McCandlish, Meredith, Petty, Ridley, Rives, Scoggin, Francis 
W. Scott, Robert E. Scott, Robert G. Scott, Stanard, Straughan, 
St other, Taylor, Tunis, Samuel Watts, Whittle, Ira Williams, Wool- 
folk—39. 

Noes— Messrs. Armstrong, Arthur, Bland, Blue, Bowden, Camden, 
John A. Carter, Chilton, Claiborne, Deneale, Faulkner, Ferguson, 
Fisher, Floyd, Fulkerson, Fultz, Hays, Hoge, Jacob, Johnson, Kil- 
g re, Knote, Letcher, Lucas, McCamant, McComas, Jefferson T. Mar¬ 
tin, William Martin, Miller, Moore, Net son, Randolph, Saunders, 
Seymour, Sheffey, Sloan, Benjamin H. Smith, Joseph Smith, William 
Smith, Stephenson, Jas. E. Stewart, Archibald Stuart, Summers, Tate, 
Trigg, Van Winkle, Willey, Samuel C. Williams, Wingfield—49. 

The question then recurred upon agreeing with the committee of the 
whole in their report as amended ; and being put to the Convention, 
was decided in the affirmative—ayes 51, n<>es 44. 

On motion of Mr. Ferouson, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Arthur, Bland, Blue, Bowden, Camden, 
John A. Carter, Chilton, Claiborne, Deneale, Faulkner, Ferguson, 
Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, Jacob, Johnson, 
Kilgore, Knote, Letcher, Lucas, McCamant, McComas, Jefferson T. 



227 


Martin, William Martin, Miller, Moore, Neeson, Randolph, Seymour, 
Sheffey, Sloan, Benjamin H. Smith, Joseph Smith, William Smith, 
Stephenson, Jas. E. Stewart, Archibald Stuart, Summers, Tate, Trigg, 
Van Winkle, William Watts, White, Willey, Samuel C. Williams, 
Wingfield—51. 

Noes —Messrs. John Y. Mason, (Pres’t.) Banks, Barbour, Bocock, 
Bowles, Braxton, Burgess, Chambliss, Cocke, Conway, Davis, Fin¬ 
ney, Flood, Garland, Muscoe R. H. Garnett, Goode, Hail, Hill, Hop¬ 
kins, Janney, Jones, Ligon, Lynch, Lyons, McCandlish, Meredith, 
Petty, Ridley, Rives, Saunders, Scoggin, Francis W. Scott, Robert E. 
Scott, Robert G. Scott, Stanard, Straughan, Strother, Taylor, Tunis, 
Wallace, Samuel Watts, Whittle, Ira Williams, WoolFlk—44. 

Pending the call of the roll, Messrs. Chambers, Cox, Kenney, 
Murphy, Shell and Wise were, on motions respectively made, excused 
fivm voting, they having paired off with gentlemen who would have 
voted differently. 

The hour of eleven o’clock having arrived, on motion of Mr. Wise, 
the Convention agreed to dispense with the order to go into committee 
of the whole, at that hour. 

On motion of Mr. Summers, 

Resolved , That a committee of twelve, to be taken equally from the 
four grand divisions of the State, be appointed, to whom the report of 
the committee as amended shall be referred, to prepare the apportion¬ 
ment of representation, with which to fill the blanks in the said report. 

Mr. Straughan submitted the following resolution: 

Resolved , That in apportioning representation among the various 
counties, cities and towns of this commonwealth, no county, city, or 
town, shall have more representation than the amount to which they 
may be tully entitled, until ail counties, cities and towns, which are 
entitled to more than one half of a delegate, shall have been assigned 
one delegate. 

Mr. BowDExmoved to amend the resolution by adding thereto the 
following : “ and that when any city or town shall be entitled to more 
than two delegates, it shall be laid off into wards, or districts, neither 
of which wards or districts shall elect more than one delegate.” 

On motion of Mr. Straughan, 

Ordered , That the resolution and amendment be laid upon the table 
and printed. 

Oil motion of Mr. Wise, the Convention resolved itself into a com¬ 
mittee of the whole, upon the report of the committee on the legislative 
department of the government ; Mr. Hopkins in the chair. 

After some time, the President resumed the chair, and Mr. Hop¬ 
kins reported that the committee had had under consideration the mat¬ 
ters referred to them, but had come to no conclusion thereupon, and 
had risen. 

Mr. Fisher submitted the following resolution : 

Resolved , That this Convention, when it adjourns to-day, will ad¬ 
journ to meet to-morrow at 10 of the clock, and at the same hour every 
day thereafter. 

Mr. Letcher moved to amend the resolution by substituting there¬ 
for the following : 


228 


Resolved, That the Convention take a recess daily from 2 to 4 o’clock. 

During the consideration of the above amendment, by leave of the 
Convention, Mr. Wise presented certain amendments he designed of¬ 
fering to the report of the committee on the legislative department, 
which, on his motion, were ordered to be laid upon the table and 
printed. 

Pending the consideration of the amendment of Mr. Letcher, on 
motion of Mr. Scott, of Richmond city, the Convention adjourned— 
ayes 59, noes25. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Aves— Messrs. John Y. Mason, (Pres’t.) Bland, Blue, Bocock, 
Bowles, Braxton, Camden, Chambers, Chambliss, Chilton, Claiborne, 
Conway, Cox, Davis, Deueale, Finney, Fisher, FFyd, Fultz, Gar¬ 
land, Muscoe R. H. Garnett, Giode, Hall, Hoge, Hopkins, Johnson, 
Jones, Kenney, Kilgore, Ligon, Lynch, MeCamant, McCandlish, 
McComas, Jefferson T. Martin, Meredith, Miller, Moore, Murphy, 
Neeson, Kidley, Scoggin, Francis W. Scott, Robert E. Scott, Robert 
G. Scott, Shell, Sheffey, Sloan, Wm. Smith, Jas. E. Stewart, Stroth¬ 
er, Tate, Trigg, Tunis, Van Winkle, Wallace, Wm. Watts, Whittle, 
Wool folk—59. 

Noes —Messrs. Armstrong, Banks, Barbour, R E. Byrd, John A. 
Carter, Cocke, Ferguson, Flood, Fulkerson, Hays, Hill, Jacob, Jan- 
ney, Letcher, Lucas, Wm. Martin, Petty, Joseph Smith, Snodgrass, 
Stephenson, Taylor, Samuel Watts, Willey, Samuel C. Williams, 
Wingfield—25. 


Thursday, May 22, 1851. 

The Convention met pursuant to adjournment and after prayer by 
the Rev. Mr. Manly, of the Baptist church, the journal of yesterday 
was read and approved. 

Mr. Randolph gave notice that on the 11th day of June next, he 
would move to reconsider a vote adopted by the Convention on yester¬ 
day, agreeing to the report of the committee of the whole, as amended, 
upon the basis of representation. 

Mr. Floyd gave notice that, on to-morrow, he would move that the 
Convention take a recess until the eleventh day of June next. 

The President stated the unfinished business to be upon agree¬ 
ing to the amendment proposed on yesterday by Mr Letcher, to a reso¬ 
lution of Mr. Fisher. 

Mr. Letcher, by leave of the Convention, withdrew his amend¬ 
ment, and the resolution of Mr. Fisher was adopted—ayes 62, noes 
34. 

On motion of Mr. Kenney, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t.) Armstrong, Barbour, Mark 
Bird, Bland, Bowden, Bowles. Braxton, Camden, Chambers, Chilton, 
Cox, Davis, Edwards, Ferguson, Finney, Fisher, Floyd, Fultz, Fu¬ 
qua, Gaily, Garland, Muscoe R. H. Garnett, Goode, Hall, Hopkins, 
Jones, Kilgore, Knote, Letcher, Ligon, MeCamant, McCandlish, Jef¬ 
ferson T. Martin, Moore, Murphy, Neeson, Petty, Randolph, rtives, 
Saunders, Scoggin, Robert G. Scott, Shell, Sheffey, Joseph Smith, W. 
Smith, Snodgrass, Stanard, Stephenson, Strother, Archibald Stuart, 



229 


Tate, Trigg, Tunis, Van Winkle, Wallace, Wm. Watts, Whittle, Ira 
Williams, Wool folk—62. 

Noes —Messrs. Anderson, Arthur. Banks, Blue, Burgess, Richard E. 
Byrd, J. A. Carter, Chambliss, Faulkner, Flood, Fulkerson, H lys, 
Hill, Hoge, Jacob, Janney, Johnson, Kenney, Lucas, Lyn^h, Miller, 
Purkins, Ridley, Shan, Ben]. H. Smith, Snowden, Jas. E. Stewart, 
Summers, Taylor, Samuel Watts, White, Willey, Samuel C Williams, 
Wingfield—34. 

On motion of Mr. Taylor, the Convention resolved itself into a 
committee of the whole, up-m the report of the committee on the le¬ 
gislative department of the government, Mr. Hopkins in the chair. 

After some time, the President resumed the chair, and Mr. Hop¬ 
kins reported that, the committee had made progress in the matters re¬ 
ferred to them, but had come no conclusion thereupon. 

Mr. Willi \ms, of Shenandoah, presented an amendment which he 
designed offering to the report of the committee on the legislative de¬ 
part nent, which, upon his motion, was ordered to be laid upon the 
table and printed. 

On motion of Mr. Scott, of Caroline, 

Ordered , That an amendment offered to-day in committee of the 
wh le, by Mr. Wise, be printed for the use of the Convention. 

On farther motion of Mr. Scott, of Caroline, the Convention ad¬ 
journed. 


Friday, May 23, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. I)r. Howell, of the Baptist church, the journal of yesterday 
was read and approved. 

Mr. Miller proposed the following resolution : 

Resolved, That no member shall speak more than twice, on the same 
question, in committee of the whole. 

The sai 1 resolution being under discussion, Mr. Whittle demand¬ 
ed that the main question be put, and it was ordered, and the resolu¬ 
tion adopted—ayes 52, noes 43. 

On motion of Mr. Wise, the vote was recordel as follows: 

Ayes —Messrs. Anderson, Arthur, Banks, Barbour, Bocock, Bowles, 
Burgess, R. E. Byrd, Chambliss, Cocke, Conway, Flood, Fulkerson, 
Fultz, Fuqua, Garland, Muscoe R. H. Garnett, Goode, Hall, Hill, Ja¬ 
cob, Janney, Jones, Kenney, Kilg>re, Leake, Ligon, Lynch, vlcCand- 
iish, McComas, Miller, Moore, Morris, Murphy, Petty, Purkins, Ran¬ 
dolph, Ridley, Scoggin, Francis W. Scott, Seymour, Shell. William 
S nit? i, Snowden, Southall, Stanard, Stephenson, Taylor, Trigg, Wm. 
Watts, Whittle, Woolfolk—52. 

Noes— Messrs. John Y. Mason, (Pres’t.) Armstrong, Mark Bird, 
Bland, Blue, Botts, Bowden, Camden, John A. Carter, Chambers, 
Deneale, Edwards, Faulkner, Ferguson, Finney, Fisher, Floyd, Gai¬ 
ly, Hays, Hopkins, Johnson, Lucas, Lyons, McCamant, Jefferson T. 
Martin, Meredith, Neeson, Robert G. Scott, Sheffey, Sloan, Benjamin 
H. Smith, Joseph Smith, Snodgrass, Strother, Archibald Stuart, Sum¬ 
mers, Tate, Y T au Winkle, Wallace, White, Willey, Ira Williams, S. C. 
Williams—43. 




t 


230 

On motion of Mr. Blue, the Convention resolved itself into a com¬ 
mittee of the whole, upon the report of the committee on the legisla¬ 
tive department, Mr. Hopkins in the chair. 

After some time, the Presiden t resumed the chair, and Mr. Hop¬ 
kins reported that the committee had made progress in the matters re¬ 
ferred to them, but had risen without coming to any conclusion there¬ 
upon. 

On motion of Mr. White, the Convention adjourned. 


Saturday, May 24, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Kingstord, of the Baptist church, after which 
the journal of yesterday was read and approved. 

Mr. Willey presented an amendment which he designed offering to 
the report of the committee on the legislative department, which, on 
his motion, was ordered to be laid upon the table and printed. 

Mr. Camden offered the following resolution : 

Resolved, That the act passed at the last session of the general as¬ 
sembly, entitled “ an act to postpone the elections for the present year, 
and for other purposes,” be printed for the use of the members of the 
Convention. 

On motion of Mr. Ferguson, 

Ordered , That the said resolution be laid upon the table. 

The President announced the following committee, under a reso¬ 
lution of Mr. Summers, adopted on Wednesday last:—Messrs. Lyons, 
Sloan, Camden, Banks, Fisher, Shell, Braxton, Hunter, Leake, An¬ 
derson, Tait, Hives. 

On motions respectively made, by Messrs. Sloan and Rives, they 
were excused from serving on the said committee. 

Mr. Jacoti proposed the following resolution : 

Resolved, That the Convention, after to-day, take a recess from two 
o’clock until halt past four o’clock, P. M. 

Mr. Stanard moved that the resolution be laid upon the table, and 
the motion was rejected—ayes 43, noes 45. 

On motion of Mr. Jacor, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t.) Barbour, Bocock, Bowden, 
Braxton, Brown, Richard E. Byrd, Camden, Edwards, Faulkner, 
Finney, Fisher, Fuqua, Garland, Muscoe R. H. Garnett, Goode, Hall, 
Hopkins, Jones, McCandlish, McComas, Jefferson T. Martin, Mere¬ 
dith, Miller, Petty, Ridley, Saunders, Sceggin, Robert G. Sc^tt, Sey¬ 
mour, Sheffey, Arthur R. Smith, Benj. H. Smith, Southall, Stanard, 
Stephenson, Jas. E. Stewart, Strother, Archibald Stuart, Trigg, Tunis, 
Van Winkle, Ira Williams—43. 

Noes —Messrs. Anderson, Armstrong, Arthur, Banks, Bland, Blue, 
Bowles, John A. Caiter, Chambers, Chambliss, Dene 1c, Ferguson, 
Flood, Fulkerson, Fultz, Hill, Humor, Jacob, Janney, Johnson, Ken¬ 
ney, Kilgore, Leake, Lucas, Lynch, McCamant, Moore, Morris, Neeson, 
Purkins, Randolph, Rives, Sloan, Joseph Smith, William Smith, Snrd- 
grass, Snowden, Summers, Tate, Taylor, White, Whittle, Willey, 
Samuel C. Williams, Worsham—45. 



231 

Mr. Banks moved the following amendment as a substitute for the 
resolution: 

Resolved , That hereafter the sessions of this body shall commence 
at 9 o’clock, A. M., and that there shall be a recess from 1 until 3 
o’clock each day. 

Mr. Byrd, of Frederick, proposed the following amendment to the 
amendment : 

Reso’ved, That from and after this day the Convention will, on each 
day, meet at 9 in the morning, and remain in session ’till 3 in the af¬ 
ternoon. 

On motion of Mr. Fishf.r, 

Ordered , That the resolution and amendments be laid upon the ta¬ 
ble. 

On motion of Mr. Smith, of Greenbrier, the Convention resolved 
itself into a committee of the whole, upon the report of the committee 
on the legislative department, Mr. Hopkins in the chair. 

After some time, the President resumed the chair, and Mr. Hop¬ 
kins reported that the committee had made progress in the matters re¬ 
ferred to them, but had risen without coming to any conclusion there¬ 
upon. 

On motion of Mr. Taylor the Convention adjourned. 

Monday, May 26, 1851. 

The Convention met pursuant to adjournment, and was opened with 
> prayer by the Rev. Mr. Cowles, of the Methodist church, after which, 
the journal of Saturday’s proceedings was read and approved. 

Mr. Bo w den presented a copy of the proceedings of a public meet¬ 
ing of citizens of Gloucester county, upon the subject of the ‘• basis 
of representation,” which, upon his motion, was laid upon the table. 

On motion of Mr. Jacob, the Convention agreed to take up and 
consider a resolution offered by him on Saturday last, together with 
the amendments thereto. 

Mr. Banks, by leave of the Convention, withdrew his amendment, 
and Mr. Byrd proposed his resolution as an amendment to the resolu¬ 
tion of Mr. Jacob. 

Pending the consideration of which, Mr. Hopkins moved the inde¬ 
finite postponement of the resolution and amendment, and Mr. Tay¬ 
lor demanded the main question, which was ordered, and the motion 
of Mr. Hopkins decided in the affirmative—ayes 44, noes 42. 

On motion of Mr. Jacob, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t.) Barbour, Bocock. Botts, 
Bowden, Bowles, Braxton, Brown, Camden, Chambliss, Edwards, 
Fisher, Flood, Fuqua, Garland, Hall, Hopkins, Hunter, Jones, Leake, 
Ligon, Lyons, McCornas, Jefferson T. Martin, Petty, Rives, Saun¬ 
ders, Scoggin, Seymour, Sheffey, Arthur R. Smith, Benj. H. Smith, 
James Smith, Southall, Stanard, Jas. E. Stewart, Strother, Archibald 
Stuart, Trigg, Van Winkle, Wallace, Ira Williams, Woolfolk, Wor¬ 
sham—44. 

Noes —Messrs. Anderson, Armstrong, Arthur, Banks, Mark Bird, 
Bland, Blue, Richard E. Byrd, John A. Carter, Chambers, Heneale, 
„ Faulkner, Floyd, Fulkerson, Muscoe Garnett, Hill, Jacob, Janney, 



232 


Johnson, Kenney, Kilgore, Lynch, McCamant, Miller, Moore, Morris, 
Murphy, Nees< n, Prioe, Sloan, Joseph Smith, William Smith, Snod¬ 
grass, Snowden, Stephenson, Summers, Tate, Taylor, Tunis, White, 
Willey, Samuel C. Williams—42. 

On motion of iVr. Arthur, 

Ordered , 'That when the Convention adjourn to day, it adjourn to 
meet daily hereafter at 9 o’clock. 

On motion of Mr. Taylor, the Convention resolved itself into a 
committee of the whole upon the report of the legislative committee, 
Mr. Hopkins in the chair. 

After some time the President resumed the chair, and Mr Hop¬ 
kins reported that the committee had made progress in the matters re¬ 
ferred to them, but had risen without coming to any conclusion there¬ 
upon. 

On motion of Mr. Cox, the Convention then adjourned. 

Tuesday, May 27, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

The President announced that he had appointed Messrs. Sloan 
and McCandlish to fill the vacancy upon the special committee upon 
the apportionment of representation appointed upon motion of Mr. 
Summers. 

On motion of Mr. Fisher, the Convention resolved itself into a 
committee of the whole, upon the legislative committee’s report—ayes 
6S, noes 3. 

On motion of Mr. Fisher the vote was recorded as follows : 

Ayes —Messrs. John Y Masoi , (Pres’t) Armstrong, Arthur, Banks, 
Barbour, Beale, Bland,Blue, Brown, ILE. Byrd, Camden, Caperton, J. 
A. Carter, Chambers, Chambliss, Conway, Davis, Deneale, Faulkner, 
Fisher, Flood, Fulkerson, Fuqua, Garland, Muscce Garnett, Goode, 
Hall, Hays, Hill, Hopkins, Jacob, Janney, Johnson, Kenney, Kilgore, 
Leake, Ligon, Lynch, McCamant, McComas, J. T. Martin, Moore, 
Neeson, Petty, Price, Rives, Scoggiu, R. G. Scott, Seymour, Sheffey, A. 
R. Smith, Benjamin H. Smith, James Smith, Joseph Smith, William 
Smith, Snodgrass, Snowden, Southall, Tate, Taylor, Tunis, Wallace, 
White, Whittle, Willey, Ira Williams, Samuel C. Williams, W r or- 
sham—68. 

Noes —Messrs. Hunter, Sloan, Trigg—3. 

Mr. Hopkins was called to the chair, and after some time reported to 
the Convention that the committee had made progress in the matters 
referred to them, but had risen without coming to any conclusion there¬ 
upon. 

On motion of Mr. Janney, the Convention adjourned. 

Wednesday. May 28, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Lee, of the Methodist church, the journal of yesterday’s 
proceedings was read and approved. 

On motion of Mr. Hunter, the Convention agreed to take up and 
consider the report of the committee on guaranties and limitations. 




233 


On further motion of Mr. Hunter, 

Ordered) That the said report be referred to the committee of the 
Whole upon the report of the committee on the legislative department 
of the government. 

Mr. Summers presented a communication signed by a committee of 
the medical society and a committee of the medical department of 
Hampden Sydney College, uporr the subject of the “ registration of 
births, deaths and marriages,” which, upon his motion was ordered to 
be laid upon the table and printed. 

Mr. ' uscoe Garnett submitted a motion that the Convention take 
up and consider a resolution offered by him on the 7th of May, in re¬ 
lation to discontinuing the publication of the “ supplement,” and also 
an amendment thereto by Mr. Tredway. 

The question being put, it was ascertained that there was not a quo¬ 
rum present. 

Afterwards a quorum appearing to be present, the motion of Mr. 
Garnett was agreed to—ayes 49, noes 29. 

On motion of Mr. Fulkerson, the vote was recorded as follows: 

Ayes —Messrs. Anderson, Arthur, Banks, Barbour, Bocock, Bowles, 
Richard E. Byrd, John A. Carter, Chambers, Chambliss, Conway, 
C<>x, Deneale, Flood, Fulkerson, Fuqua, Garland, Muscoe Garnett, 
Goode, Hays, Hill, Hopkins, Hunter, Kenney, Leake, Ligon, Lynch, 
J> oore, Murphy, Petty, Saunders, Scoggin, Rober G. Scott, Seymour, 
Shell, Arthur R. Smith, James Smith, Snowden, Southall, Stephen¬ 
son, Taylor, Trigg, Tunis, Turnbull, Wallace, White, Whittle, Ira 
Williams, Worsham—49. 

Noes —Messrs. Armstrong, Mark Bird, Bland, Blue, Brown, Cam¬ 
den, Caperton, Ferguson, Fisher, Hall, Hoge, Janney, Johnson, Kil¬ 
gore, McCamant, Jefferson T. Martin, Miller, Neeson, Price, Kives, 
Sheffey, Sloan, Benjamin H. Smith, Snodgrass, Strother, Summers, 
Tate, Van Wiukle, Willey—29. 

Mr. Muscoe Garnett, by leave of the Convention, accepted the 
amendment of Mr. Treuway, and adopted it as a portion of his resolution. 

Mr. Muscoe G \r\ett moved to amend the resolution by substitu¬ 
ting therefor the following : 

Resolved , That a committee of five be appointed, to enquire what 
if any obligation there is upon the Convention to continue the publi¬ 
cation of the supplement, and if there be any such obligation, then to 
ascertain from the publisher the best terms upon which the farther pub¬ 
lication thereof may be dispensed with. 

The above amendment being under consideration, Mr. Muscoe 
Garnett called the previous question, which was ordered, and the 
amendment adopted. 

The resolution as amended was then decided in the affirmative. 

On motion of Mr. Taylor, the Convention resolved itself into a 
committee of the whole upon the report ot the committee on the legis¬ 
lative department, Mr Hopkins in the chair. 

After some time the President resumed the chair, and Mr. Hopkins 
reported that the committee had made progress in the matters referred 
to them, but had risen without coming to any conclusion thereupon. 

On mo cion of Mr. Whittle, 

30 


234 


Ordered , That an amendment offered by him, in committee of the 
whole, to the report of the committee on the legislative department, be 
printed for the use of the Convention. 

On motion of Mr. Smith, of Norfolk county, the Convention ad¬ 
journed. 

Thursday, May 29, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Dibrell, of the Methodist Church, the journal of yester¬ 
day’s proceedings was read and approved. 

The President announced the following committee under a resolu¬ 
tion of Mr. Muscoe Garnett adopted on yesterday : 

Messrs. Muscoe Garnett, Hopkins, Sheffey, Taylor, McCamant. 

Mr. Muscoe Garnett asked to be excused from serving upon the 
said committee, but the Convention refused to excuse him. 

Mr. Taylor moved to take up and consider a resolution submitted 
by Mr. Straughan on the 21st of May, upon the subject of the “ ap¬ 
portionment of representation in small counties,” together with an 
amendment thereto submitted by Mr. Bowden. 

The question being put to the Convention, the motion was rejected. 

Mr. Lyons presented a “ plan for the organization of the judicial de¬ 
partment of the government,” which on his motion was ordered to be 
printed. 

On further motion of Mr. Lyons, 

Ordered , That the said plan be referred to a committee of the whole 
Convention which shall have under consideration the report of the 
committee on the judiciary department. 

On motion of Mr. Hall, the Convention resolved itself into a com¬ 
mittee of the whole upon the report of the committee on the legislative 
department, Mr. Hopkins in the chair. 

After some time the President resumed the chair, and Mr. Hop¬ 
kins reported that the committee had had under consideration the mat¬ 
ters referred to them, but had risen without coming to any conclusion. 

Mr. Beale offered the following resolution, which, on his motion 
was ordered to be laid upon the table : 

Resolved , That the Convention will, when it adjourns on Saturday, 
the Tth day of June, adjourn to meet again on the day of 

June at 

Mr. Williams, of Shenandoah, offered the following resolution, 
which, on his motion was ordered to be laid upon the table. 

Resolved , That when this Convention adjourns on Monday next, it 
will adjourn to meet here on the 20th day of October next. 

On motion of Mr. H*ll, 

Resolved , That the committee of the Avhole be authorized to have 
any printing done which they may deem proper. 

On motion of Mr. Sheffey, 

Resolved , That the Secretary certify for payment the account of 
Richard Mathews of twenty-nine dollars and fifty cents, for making 
fires in the furnace and furnishing wood for the same. 

Ou motion of Mr. Scoggix, 

Ordered , That an amendment offered to-day by Mr. Van Winkle, 



235 


in committee of the whole to the report of the committee on the 
legislative department, be printed for the use of the Convention. 

On motion of Mr. Byrd, 

Resolver!, That an amendment offered in the same committee by 
Mr. Huxter, be likewise printed. 

Messrs. Bocock and Chambliss presented amendin' nt which they 
designed offering to the report of the committee on the legislative 
department, which, on their motions respectively, were ordered to be 
laid upon the table and printed. 

Mr. Botts moved that the Convention resolve itself into a commit¬ 
tee of the whole upon the report of the committee on the bill of 
rights. 

Mr. Smith, of Greenbrier, moved that the Convention do adjourn, 
and the motion was rejected—ayes 37, noes 55. 

On motion of Mr. Taylor, the vote was recorded as follows : 

Ay ES- M essrs. Beale, Mark Bird. Bland, Blue, Botts, Bowden, 

Chambers, Cox, Davis, Douglas, Ferguson, Fisher, Fuqua, Garland, 
Janney, Johnson, Ligon, Lynch, Lyons, McCamant, McComas, J. T. 
Martin, Neeson, Saunders, It. G. Scott, Seymour, Shell, Sloan, James 
Smith, Joseph Smith, William Smith, Snodgrass, Southall, Strother, 
Van Winkle, Tra Williams, Samuel C. Williams—37. 

Noes— Messrs. Anderson, Armstrong, Arthur, Banks, Barbour, Bo¬ 
cock, Bowles, Braxton, Brown, Richard E. Byrd, Camden, John A. 
Carter. Chambliss, Cocke, Conway, Deneale, Flood, Floyd, Fulker¬ 
son, Muscoe Garnett, Goode, Hall, Hays, Hill, Hoge, Hopkins, Hun¬ 
ter, Kenney, Kilgore, Leake, McCandlish, Miller, Moore, Morris, Mur¬ 
phy, Pendleton, Price, Rives, Scoggin, Francis W. Scott, Sheffey, 
Arthur R. Smith, Benjamin H. Smith, Snowden, Stephenson, Sum¬ 
mers, Tate, Taylor, Tunis, Turnbull, Samuel Watts, White, Whittle, 
Willey, Worsham—55. 

The motion of Mr. Botts was then agreed to, and Mr. Sheffey 
called to the Chair. 

After some time the President resumed the chair, and Mr. Shef¬ 
fey reported that the c mmittee had made progress in the matters re¬ 
ferred to them, but had risen without coming to any conclusion there¬ 
upon. 

On motion of Mr. Sheffey, the Convention adjourned. 

Friday, May 30, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Manning, of the Methodist Church, the journal of yester¬ 
day’s proceedings was read and approved. 

On motion of Mr. Summers, 

Resolved, That John M. Fergusson be allowed the sum of twenty- 
three dollars and twenty-five cents, the amount of his account for at¬ 
tention and service t > the “ Basis Committee.” 

Mr. Morris presented a copy of the proceedings of a public meeting 
of citizens of H mover county in relation to “ the basis of representa¬ 
tion,” which, on his motion, was ordered to be laid upon the table. 

Mr. McComas presented a copy of the proceedings of a meeting of 
citizens of the county of Cabell, upon the same subject, which, on his 
motion, was likewise ordered to be laid upon the table. 



236 


On motion of Mr. Hunter, the Convention resolved itself into a 
committee of the whole Convention, upon the report of the committee 
on the right of suffrage, Mr. S^effey in the chair. 

After some time the President resumed the chair, and Mr. Shef- 
fey reported that the committee had had under consideration the mat¬ 
ters referred to them, and had made progress therein, but had come to 
no conclusion thereupon, and had risen. 

Mr. Williams, ot Shenandoah, moved to take up and consider a 
resolution submitted by him on yesterday, in relation to the Conven¬ 
tion taking a recess until October next ; 

Pending the consideration of which, 

On motion of Mr. Watts, of Norfolk county, the Convention ad¬ 
journed. 


Saturday, May 31, 1S51. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Lee, of the Methodist Church, the journal of yesterday’s 
proceedings was read and approved. 

Mr. Watts, of Norfolk county, presented a petition from certain me¬ 
chanics of the town of Portsmouth, praying for protection in their arts 
from competition from negro mechanics, by a constitutional prohibition 
against the employment of slaves in the mechanic arts. 

On motion of Mr. Smith, of Norfolk county, 

Ordered , That the said petition be laid on the table. 

Or farther mctk n of Mr. Smith, of Norf Ik county, 

Ordered , That the said petition be withhe d from the publication of 
the proceedings of the Convention. 

The President stated the unfinished business to be upon taking up 
and considering a resolution of Mr. Williams, of Shenandoah, in re¬ 
lation to the Convention taking a recess. 

The question being put, the Convention agreed to take up the said 
resolution. The question being upon adopting the resolution, Mr. 
Wise called the previous question, which was ordered, and the resolu¬ 
tion rejected—ayes l, noes 77. 

On motion of Mr. Byri>, the vote was recorded as follows. 

Ayes —Mr. Fisher—1. 

Noes —Messrs. J no. Y. Mason, (Pres’t,) Anderson, Armstrong, Arm¬ 
strong, Arthur, Beale, Bland, Blue, Bocock, Bowles, Brown, Ri hard 
E. Byrd, Camden, Caperton, Conway, Deneale, Douglas, Ferguson, 
Flood, Fulkerson, Fuqua, Gaily, Garland, Muscoe Garnett, Goode, 
Hall, Hays, Hill, Hoge, Hopkins, Januey, Jasper, Johnson, Jones, 
Kenney, Kilgore, Leake, Letcher, Ligon, McCamant, Jefferson T. 
Martin, Meredith, Moore, Murphy, Neeson, Pendleton, Price, Ran¬ 
dolph, Rives, Seoggin, Francis W. Scott, Robert G. Scott, Seymour, 
Shell, Shelfey, Sloan, Arthur R Smith, Benjamin H. Smith, James 
Smith, Joseph Smith, William Smith, Snodgrass, Southall, Stephen¬ 
son, Archibald Stuart, Summers, Tate, Tayl r, Tunis, Turnbull, Van 
Winkle, Wallace, Sam’l Watts, White, Whittle, Willey, Ira Williams, 
Worsham—77. 

Mr. Muscoe Garnett proposed the following resolution, which, on 
his motion, was ordered to be laid upon the table: 

Resolved, That in the event of the Convention adjourning from the 



city of Richmond to any other place, the members thereof shall receive 
no additional mileage. 

Mr. Wise moved that the Convention take up and consider a resolu¬ 
tion prop osed by Mr. Be yle, on Thursday last, upon the subject of re¬ 
moving the sittings of the Convention to some other place. 

The question being stated, Mr. Wise demanded the main question, 
an 1 it was ordered, and the Convention refused to take up the said re¬ 
solution—ayes 33, noes 47. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Beale, Mark Bird, Bland, 
Blue, Bowles, Camden, Caperton, Deneale, Fisher, Fulkersmi, Fu¬ 
qua, Musooe Garnett, Hays, Hill, Hopkins, Jasper, Johnson, Kilgore, 
Ligon, Pendleton, Price, Rives, Robert G. Scott, Sheffey, Sloan, Ar¬ 
thur R. S nith, Archibald Stuart, Summers, Tunis, Turnbull, Samuel 
Watts, Worsham—33. 

Noes—M essrs. Anderson, Armstrong, Arthur, Bocook, B< tts, Brown, 
R. E. Byrd, Cocke, Conway, I)ouglas, Ferguson, Flood, Gaily, Gar¬ 
land, G»ode, Hall, Hoge, Janney, Jones, Kenney, Leake, Letcher, 
McCamant, McCandlish, J. T. Martin, Meredith, Moore. Murphy, 
Neeson, Randolph, Scoggin, Seymour, Shell, Benjamin H. Smith, 
James Smith, Joseph Smith, William Smith, Snodgrass, Southall, 
Stephenson, Tate, Van Winkle, Wallace, White, Whittle, Willey, Ira 
Williams—47. 

Ou motion of Mr. Johnson, the Convention resolved itself into a 
committee of the whole upon the report of the committee on the right 
of suffrage &c., Mr. Sheffey in the chair. 

After some time, the President resumed the chair, and Mr. Shef 
fey reported that the committee had had under consideration the mat¬ 
ters referred to them,and had directed him to report to the Convention 
sundry amendments. 

Ou motion of Mr. Ferguson, 

Ordered , That the said report be laid upon the table and printed. 

On motion of Mr. Wise, the Convention reseh r ed itself into a com¬ 
mittee of the whole upon the report of the committee on the executive 
depirtmeut of the government, Mr. Watts, of Norfolk county, beiug 
in t e chair. 

After some time the President resumed he chair, and Mr. Watts 
reported that the committee had made progress in the matters referred 
to them, but had risen without coming to any conclusion thereupon. 

On motion of Mr. Watts, of Norf.dk county, the Convention ad¬ 
journed. 


Monday, June 2,1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Early, of the Methodist church, the journal of Satur¬ 
day’s proceedings was read and approved. 

On motion of Mr. Byrd, the Convention resolved itself into a com¬ 
mittee of the whole upon the report of the committee on the executive 
department of the government, r r. Watts, of Norfolk, in the chair. 

After some time, the President resumed the chair, and Mr. Watts 
reported that the committee had made progress in the matters referred 
to them, but had risen without coming to any conclusion thereupon. 



238 

Mr. Wtse moved that there be a call of the Convention, and the 
motion was rejected. 

On motion of Mr. Woolfolk, the Convention adjourned—ayes 51, 
noes 24. 

On motion of Vr. Wise, the vote was recorded as follows : 

Ayes —Messrs. A mstrong, Beale, Mark Bird, Bland, Blue, Botts, 
Brown, Camden, Cox, Douglas, Flood, Floyd, Gaily, Garland, Goode, 
Hill, Hopkins. Jasper, Johnson, Jones, Kenney, Knote, Letcher, Mc- 
Candlish, Jefferson T. Martin, Meredith, Moore, Neeson, Pendleton, 
Randolph, Rives, F. W. Scott,R. E. Scott, Shell, Sheffey, Sloan, Ar¬ 
thur R. Smith, Benjamin H. Smith, James Smith, William Smith, 
Snodgrass, Southall, Stanard, Tate, Turnbull, Van Winkle, Samuel 
Watts, White, Whittle, Ira Williams, Woolfolk—51. 

Noes —Messrs. John Y. Mason, (Pres’t,) Anderson, Arthur, Bo- 
cock, Bowles, Braxton, Richard E. Byrd, Caperton, Chambers, De- 
neale, Fulkerson, Muscoe Garnett, Hays, Hunter, Janney, Leake, 
Miller, Morris, Price, Stephenson, Taylor, Willey, Wise, W T orsham—24% 

Tuesday, June 3, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Huckens, of the Baptist church ; after which 
the journal of yesterday’s proceedings was read and approved. 

On motion of Mr. Muse >e Garnett, the Convention resolved itself 
inO a committee of the whole upon the report of the committee on the 
executive department, Mr. Watts, ot iNcrfolk county, in the chair. 

After some time the President resumed the chair, and Mr. Watts 
reported that the committee had had under consideration the matters 
referred to them, but had risen without coming to any conclusion 
thereupon. 

On motion of Mr. Scott, of Caroline, the Convention adjourned. 

Wednesday, June 4, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Early, of the Methodist church, the journal of yester¬ 
day’s proceedings was read and approved. 

Mr. Hays proposed the following resolution, which, upon motion of 
Mr. Byrd, was ordered to be laid upon the table : 

Resolved , That the committee of the whole be discharged from the 
fuither consideration of all subjects to it referred, and that the Conven¬ 
tion will hereafter proceed to consider the several reports of the stand¬ 
ing committees, in the order in which the Convention may determine. 

i\lr. Ferguson submi ted a motion, that the rule of the Convention 
i i relation to the calling of the ayes and noes, be applicable to the 
committees of the whole Convention. 

The question being put to the Convention was decided in the nega¬ 
tive, and the resolution rejected. 

On motion of \ r. Pendleton, the Convention resolved itself into 
a committee of the whole upon the report of the committee on the ex¬ 
ecutive department, Mr. Watts, of Norfolk county, in the chair. 

After some time the President resumed the chair, and Mr. Watts 
reported, that the committee had had under consideration the matters 




239 


referred to them, and had made progress therein, but had risen without 
con ing to any conclusion thereupon. 

Mr Fe <guson submitted the f llowing resolution : 

Resolver/, That the rule of the Convention, which authorizes the 
ayes anl noes to be called on any question, shall hereafter apply to 
the committee of the whole. 

The question upon adopting the said resolution being put to the 
Convention, was den ied in the negative—ayes 31, noes 40. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. Arnstrong, Arthur, Beale, Bowden, Braxton, Cham¬ 
bers, Conway, Tenetle, Ferguson, Flood,Fulkerson, M. Garnett, Hall, 
Hoge, Hopkins, Jasper, Kenney, Kilgore, Knote, Lionberger, McCa- 
mant, Jeffenon T. Martin, Miller, Randolph, Ridley, Sheffey, Joseph 
Smith,'Fate, Turnbull, White, Whittle—31. 

Noes —Messrs. John Y. Mason (Fresh.) Mark Bird, Bowles, Rich’d 
Fi. Byrd, Chambliss, Cook, Cox, Douglas. Fisher, Floyd, Fuqua, Gai¬ 
ly, Garland, M. R. H. Garnett, Goode, Hays, Hill, Hunter, Leake, Mc- 
Comas, William M rtin, Meredith, IV orris, Newman, Saunders, F. W. 
Scott, R. E. Sc/ t, Seyn our, Shell, Sloan, J. Smith. Southall, Arch’d 
Stuart, Trigg, Wallace, Samuel Watts, Willey, Ira Williams, Wingfield, 
Worsham—40. 

Mr. Muscoe Garnett, moved that the Convention take up and con¬ 
sider a resolution offered by Mr. Hays this morning, and laid upon the 
table, and the motion being put to the Convention it was ascertained 
that there was not a quorum of members voting. 

Mr. Whittle moved that the Convention do adjourn, and the mo¬ 
tion was rejected—ayes 2o, noes 45. 

On motion of Mr. Newman the vote was recorded as follows : 

Ayes —Messrs. J. Y. Mason, (Pres’t,) Mark Bird, Bowden, Cham¬ 
bers, Floyd Fuqua, Garland, Goode, Hopkins, Hunter, Leake, Lion¬ 
berger, Meredith, Morris, Saunders, Robert E. Scott, Seymour, Shell, 
Sloan, Southall, Archibald Stuart, Wallace, Whittle, Ira Williams, 
Wingfield—25. 

N >es—M essrs. Armstrong, Arthur, Beale, Bowles, Braxton, Rich’d 
E. Byrd, Chambliss, Conway, Cook, Cox, Deneale, Douglass, Ed¬ 
munds, Ferguson, Flood, Fulkerson, Gaily. Muscoe R. H. Garnett, 
Muscoe Garnett, Hall, Hays, Hill, Hoge, Jasper, Kenney, Kilgore, 
Knote, McCamant, MeComas, Jefferson T. Martin, William Martin, 
Miller, Newman, Randolph, Ridley, Francis W. S'ott, Sheffey, James 
Smith, Tate, Trigg, Turnbull, Samuel Watts, White, Willey, Wor¬ 
sham— 45. 

A quorum appearing, Mr. Muscoe Garnett by leave of the Con- 
venti n withdrew his motion, and on motion of Mr Beale, the Con¬ 
vent on re olved itself into a committee of the whole upon the report 
of t! e committee on county courts, county organization, &c.,Mr. Hays 
in the chair. 

After some time the President resumed the chair, and Mr. Hays 
repo;tel that the committee hid made progress in the matters referred 
to them, but had come to no c< nclusion thereupon. 

M’\ Ferguson s ib nitte l a nmtnn that the Convention take a recess 
till hilf past four o clock p. m. pending the con ideration of which, 

On motion of Mr. Hunter the Convention adjourned. 


240 


Thursday, June 5, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Early, of the Methodist church, the journal of yester¬ 
day’s proceedings was read and approved. 

On motion of Mr. Hays, the Convention agreed to take up and con¬ 
sider a resolution proposed by him on yesterday. 

The said resolution is the following : 

Resolved , That the committee of the whole be discharged from the 
further consideration of all subjects to it referred, and that the Conven¬ 
tion will hereafter proceed to consider the several reports of the stand¬ 
ing committees, in the order in which the Convention may determine. 

Mr. Hunter m^ved to amend the resolution,' y inserting in the first 
line, after the word “ that,” the words “ on and after Monday next.’* 

Mr. Cocke moved the following as an amendment to the amend¬ 
ment : 

Resolved , That the ayes and noes may be called on all questions 
that may arise in the committee ot the whole, in like manner as in the 
Convention. 

The said amendment being under consideration, Mr. Conway de¬ 
manded the main question, which was ordered, and the amendment 
of Mr. Cocke rejected—ayes 39, noes 49. 

On motion of IVi r. Bowden, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Arthur, Beale, Bland, Bowden, Bowles, 
Braxton, Richaid E. Byrd, Camden, Caperton, Cocke, Ferguson, 
Fisher, Fulkerson, Gaily, M. R. H. Garnett, Hopkins, Janney, Jasper, 
Knote, Lynch, Jefferson T. Martin, Moore, Morris, Neeson, PrPe, ft. 
E. Scott, ft. G Scott, Shell, Sheffey, Benj. H. Smith, Joseph Smith, 
Tate, Turnbull, Van Winkle, Samuel Watts, White, Willey, Wing¬ 
field—39. 

Noes —Messrs. John Y. Mason, (Pres’t,) Anderson, Blue, Brown, 
Carlile, Chambers, Chambliss, Chapman, Conway, Cook, Cox, Doug¬ 
las, Edmunds, Flood, Fuqua, Garland, Muscoe Garnett, Goode, Hall, 
Hays, Hill. Hunter, Johnson, Kenney, Kilgore, Leake, Letcher, Ligon, 
Lionberger, Lucas, William Martin, Meredith, Miller, Newman, Pen¬ 
dleton, Ridley, Francis W. Scott, Seymour, Sloan, James Smith, Snod¬ 
grass, Snowden, Southall, Stephenson, Archibald Stuart, Trigg, Whit¬ 
tle, Ira Williams, Worsham—49. 

Mr. Scott, of Caroline, submitted the following as an amendment 
to the amendment : 

Resolved , That the roll shall be called every morning after the read¬ 
ing of the journal, and the names of the members absent and present 
be published. 

Mr Price moved that the resolution and amendments be indefinite¬ 
ly postponed, and on this motion Mr. Byrd demanded the main ques¬ 
tion, which was ordered, and the motion of Mr. Price rejected—ayes 
42, noes 48. 

On motion of Mr. Hays, the vote was recorded as follows : 

Ayes —Messrs John Y. Mason, (Pros’t,) Armstrong, Arthur, Rich¬ 
ard E. Byrd, Camden, Caperton, CoMte, Cook, Ferguson, Fisher, 
Flood, Gaily, Muscoe R. H. Garnett, Goode, Janney, Jasper, Knote, 
Leake, Letcher, Lynch, Jeff’n T. Martin, Meredith, Neeson, Price, 


241 


Ridley, Robert E. Scott, Robert G. Scott, Seymour, Sheffey, Benj. 
H. Smith, James Smith, Joseph Smith, Stephenson, Archibald Stuart, 
Tate, Trigg, Samuel Watts, White, Whittle, Willey, Ira Williams, 
Wingfield—42. 

Noes —Messrs. Anderson, Beale, Bland, Blue, Bowden, Bowles, 
Braxton, Brown, Carlile, Chambers, Chambliss, Chapman, Conway, 
Cox, Douglas, Edmunds, Fulkerson, Fuqua, Garland, Muscoe Gar¬ 
nett, Hall, Hays, Hill, Hopkins, Hunter, Johnson, Kenney, Kilgore, 
Ligon, Lionberger, Lucas, William Martin, Miller, Moore, Morris, 
Newman. Pendleton, Randolph, Francis W. Scott, Shell, Sloan, Wil¬ 
liam Smith, Snodgrass, Snowden, Southall, Turnbull, Van Winkle, 
Worsham—48. 

The question was then stated upon the amendment of Mr. Hun¬ 
ter, and decided in the negative. 

The question recurring upon the amendment of Mr. Scott, of Car¬ 
oline, 

Mr. M. R. II. Garnett, moved that the resolution and amendment 
be laid upon the table—and the motion was decided in the negative— 
ayes 41, noes 49. 

On motion of Mr. Scott, of Caroline, the vote was recorded as 
follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Bowden, R. 
E. Byrd, Camden, Caperton, Chapman, Cocke, Cook, Ferguson, 
Fisher, Gaily, M. R. H. Garnett, Goode Jauney, Jasper, Knote, Leake, 
Lynch, Jefferson T. Martin, Meredith, Neeson, Price, Ridley, Robert 
E. Scott, Robert G. Scott, Sheffey, Benj. H. Smith, James Smith, Jos. 
Smith, Stephenson, A. Stuart, Tate, Trigg, Samuel Watts, White 
Whittle, Willey, Ira Williams, Wingfield—41. 

Noes —Messrs. Anderson, Arthur, Beale, Bland, Blue, Bowles, 
Braxton, Brown, Carlile, Chambers, Chambliss, Conway, Cox, Doug¬ 
lass, Edmunds, Flood, Fulkerson, Fuqua, Garland, Muscoe Garnett, 
Hall, Hays, Hill, Hopkins, Hunter, Johnson, Kenney, Kilgore, Letch¬ 
er, Ligon, Lionberger, Lucas, William Martin, Miller, Moore, Morris, 
Newman, Pendleton, Randolph, Francis W. Scott, Shell, Sloan, Wm. 
Smith, Snodgrass, Snowden, Southall, Turnbull, Van Winkle, Wor¬ 
sham—49. 

The question recurring upon striking out the resolution of Mr Hays 
and inserting the amendment of Mr. Scott, of Caroline, Mr. Ferguson 
called for a division of the question, and it was first propounded upon 
striking out the proposition of Mr. Hays, and was decided in the affir¬ 
mative—ayes 51, noes 39. 

On motion of Mr. Hays the vote was recorded as follows. 

Ayes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Bow¬ 
den, Bowles, Braxton, Richard E. Byrd, Camden, Caperton, Cocke, 
Cook, Ferguson, Fisher, Gaily, Muscoe R. II. Garnett, Goode, Hop¬ 
kins, Jasper, Kilgore, Knote, Leake, Letcher, Lynch, J. T. Martin, 
Meredith, Moore, Morris, Neeson, Price, Ridley, Saunders, Francis W. 
Scott, Robert E. Scott, Robert G. Scott, Seymour, Shell, Sheffey, B. 
H. Smith, James Smith, Joseph Smith, Stephenson, Archibald Stuart, 
Tate, Trigg, Turnbull, Van Winkle, Samuel Watts, Whittle, Willey, 
Ira Williams, Wingfield—51. 

31 


242 


Noes —Messrs. Anderson, Beale, Bland, Blue, Brown, Carlile, 
Chambers, Chambliss, Chapman, Conway, Cox, Douglas, Edmunds, 
Fulkerson, Fuqua, Garland, Muscoe Garnett, Hall, Hays, Hill, Hun¬ 
ter-Janney, Johnson, Kenney, Ligon, Lionberger, Lucas, W. Martin, 
Miller, Newman, Pendleton, Randolph, Sloan, William Smith, Snod¬ 
grass, Snowden, Southall, White, Worsham—39. 

The question then recurred upon inserting the resolution of Mr. 
Scott, of Carrline, and was decided in the negative—ayes 25, noes62. 

On motion of Mr. Douglas the vote was recorded as fo.lows : 

Ayes —Messrs. Armstrong, Arthur, Bowden, Bowles, Braxton, 
Cocke, Douglas, Muscoe R. H. Garnett, Hays, Hill, Hopkins, Kenney, 
Kilgore, Leake, Letcher, Jefferson T. Martin, Morris, Neeson, Francis 
W. Scott, Shell, Sloan, Jos. Smith, Southall, Turnbull, Van Winkle 
—25. 

Noes —Messrs, John Y. Mason, (Pres’t,) Beale, Bland, Blue, Rich’d. 
E. Byrd, Camden, Caperton, Carlile, Chambers, Chambliss, Chapman, 
Conway, Cook, Cox, Edmunds, Ferguson, Fisher, Flood, Fulkerson, 
Fuqua, Gaily, Garland, Muscoe Garnett, Goode, Hall, Hunter, Janney, 
Jasper, Johnson, Knote, Ligon, Lionberger, Lucas, Lynch, Wm. Mar¬ 
tin, Meredith, Miller, Newman, Pendleton, Price, Ridley, Saunders, 
Robert E. Scott, Robert G. Scott, Seymour, Sheffey, Benjamin H. 
Smith, James Smith, William Smith, Snodgrass, Snowden, Stephen¬ 
son, Archibald Stuart, : ate, Trigg, Samuel Watts, White, Whittle, 
Willey, Ira Williams, Wingfield, Worsham—62. 

Mr. Scott, of Fauquier, presented a plan for the organization of the 
judicial department of the government, which upon his motion was 
ordered to be laid upon the table and printed 

On motion of Mr. Cocke, the Convention adopted the following reso¬ 
lution 

Resolved , That the ayes and noes may be called on all question that 
may arise in the committee of the whole, in like manner as in the Con¬ 
vention. 

Mr. Neeson proposed the following resolution. 

Resolved ', That this Convention will, on to morrow and daily there¬ 
after, hold an evening session beginning at o’clock. 

The resolution being under consideration, Mr. Conway demanded 
the main question, which was ordered, and the resolution rejected— 
ayes 45, noes 46. 

On motion of Mr. Ferguson the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Arthur, Bland, Blue, Bowden, 
Camden, Caperton, Chambers, Chapman, Cocke, Conway, Edmunds, 
Ferguson, Fisher, Flood, Fulkerson, Muscoe Garnett, Hays, Hill, 
Hunter, Janney, Johnson, Kenney, Kilgore, Leake, Lucas, William 
Martin, Morris, Neeson, Newman, Pendleton, Price, Randolph, Fran¬ 
cis W. Scott, Joseph Smith, William Smith, Snowden, Tate, Turnbull, 
Samuel Watts, White, Willey, Wingfield, Worsham—45. 

Noes —Messrs. J >hn Y. Mason, (Pres’t,) Beale, Bowles, Braxton, 
Brown, Richard E. Byrd. Carlile, Chambliss, Cook, Cox, Douglas, 
Fuqua, Gaily, Garland, Muscoe R. H. Garnett, Goude, Hall, Hopkins, 
Jasper, Knote, Letcher, Ligon, Lionberger, Lynch, Jefferson T. Mar¬ 
tin, Meredith, Miller, Moore, Ridley, Saunders, Robert E. Scott, Ro- 


243 


bert C. Scott, Seymour, Shell, Sheffey, Sloan, Benjamin H. Smith, J. 
Smith, Snodgrass, Southall, Stephenson, Archibald Stuart, Trigg, Van 
Winkle, Whittle, Ira Williams—46. 

Mr. Southall presented sundry amendments which be designed of¬ 
fering to the report of the committee on county courts, dec., which, 
upon his motion were ordered to be laid upon the table and printed. 

Mr. Janney presented an amendment which he designed offering to 
the report of the committee on the legislative department, which, up¬ 
on his motion, was ordered to be laid upon the table, and printed. 

On motion of Mr. Price, the Convention resolved itself into a com¬ 
mittee of the whole upon the report of the committee on county courts, 
&c., Mr. Hays in the chair. 

After some time the President resumed the chair and Mr. Hays re¬ 
ported that the committee had risen without coming to any conclusion 
upon the matters referred to them. 

On motion of Mr. Douglas the Convention then adjourned. 

Friday, June 6, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Braxton presented a copy of the proceedings of a public meet¬ 
ing of citizens in the county of Spottsylvania, upon the “ basis of 
representation,” which, upon his motion was ordered to be laid upon 
the table. 

On motion of Mr. Price the Convention resolved itself into a com¬ 
mittee of the whole upon the report of the committee on county courts, 
county organization, See., Mr. Hays in the chair. 

After some time the President resumed the chair, and Mr. Hays 
reported that the committee had risen without coming to any conclu¬ 
sion upon the matters referred to them. 

Mr. Smith, of Kanawha, presented an amendment to the report of 
the committee on county courts, &c., which, on his motion, was or¬ 
dered to be laid upon the table and printed. 

On motion of Mr. Knote the Convention adjourned. 

Saturday, June Tth, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

On motion of Mr. Edmunds, the Convention resolved itself into a 
committee of the whole, upon the report of the committee on county 
courts, county organization, &c., Mr. Hays in the chair. 

After some time the Presidtnt resumed the chair, and Mr. Hays 
reported that the committee had made progress in the matters referred 
to them, but had come to no conclusion thereupon. 

On motion of Mr. Scott, of Fauquier, 

Ordered , That an amendment otfered by him to-day, in committee 
of the whole, to the report of the committee on county courts, &c., be 
printed for the use of the Convention. 

On motion of Mr. Wingfield, 

Ordered , That an amendment he designed offering to the report of 
the same committee, be laid upon the table and printed. 




244 

* % 

On motion of Mr. Scott, of Caroline, the Convention adjourned. 


Monday, June 9, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Woodbridge, of the Episcopal Church, the journal of 
Saturday’s proceedings was read and approved. 

Mr. McCandlish presented a copy of the proceedings of a public 
meeting of citizens of Gloucester county, upon the subject of the 
“ Basis of Representation,” which, upon his motion, was ordered to 
be laid upon the table. 

On motion of Mr. Edmunds, the Convention resolved itself into a 
committee of the whole upon the report of the committee on county 
courts, &c., Mr. Hays in the chair. 

After some time the President resumed the chair, and Mr. Hays 
reported that the committee had made progress in the matters referred 
to them, but had come to no conclusion thereupon. 

Mr. Miller proposed the following resolution. 

Resolved , That this Convention will, from and after to-day, hold an 
evening session daily, commencing at four o’clock p. m. 

Mr. Letcher moved that the Convention do adjourn, and the mo¬ 
tion was rejected—ayes 33, noes 39. 

On motion of Mr. Fulkerson, the vote was recorded as follows : 

Ayes —Messrs. Beale, Blue, Bocock, Bowles, Braxton, Camden, 
Chapman, Cocke, Floyd, Fuqua, Gaily, Garland, Muscoe R. H Gar¬ 
nett, Hopkins, Johnson, Letcher, Ligon, Lynch, McCandlish, McCo- 
mas, Jefferson T. Martin, Meredith, Murphy, Ridley, Shell, Benjamin 
H. Smith, Southall, Stanard, Archibald Stuart, Trigg, Yan Winkle, 
Whittle, Worsham—33. 

Noes —Messrs. John Y. Mason, (Pres’t,) Anderson, Armstrong, 
Brown, Caperton, John A. Carter, Chambers, Chambliss, Deneale, 
Edmunds, Ferguson, Finney, Flood, Fulkerson, Muscoe Garnett, 
Hays, Hunter, Jasper, Kenney, Kilgore, Leake, Lucas, William Mar¬ 
tin, Miller, Neeson, Newman, Pendleton, Price, Robert E. Scott, Shef- 
fey, Joseph Smith, William Smith, Snodgrass, Snowden, Stephenson, 
Samuel Watts, White, Willey, Wingfield—39. 

Mr. M. R. H. Garnett, moved that the resolution of Mr. Miller 
be laid upon the table, and the question being put to the Convention, 
it appeared that there was not a quorum of members present, being— 
ayes 23, noes 40. 

On motion of Mr. Snowden, the vote was recorded as follows: 

Ayes —Messrs. John Y. Mason, (Pres’t,) Bocock, Bowles, Braxton, 
Camden, Chapman, Flood, Floyd, Fuqua, Gaily, Garland, Hopkins, 
Letcher, Ligon, Lynch, Meredith, Ridley, Southall, Archibald Stuart, 
Trigg, Yan Winkle, Samuel Watts, Whittle—23. 

Noes —Messrs. Anderson, Armstrong, Blue, Brown, Caperton, John 
A. Carter, Chambers, Chambliss, Cock, Deneale, Edmunds, Ferguson, 
Finney, Fulkerson, Muscoe Garnett, Hays, Hunter, Jasper, Johnson, 
Kenney, Leake, Lucas, Jefferson T. Martin, William Martin, Miller, 
Murphy, Neeson, Newman, Pendleton, Price, Robert E. Scott, Benja¬ 
min H. Smith, W. Smith, Snodgrass, Snowden, Stephenson, White, 
Willey, Wingfield, Worsham—4(J. 



On motion of Mr. Cocke, the Convention then adjourned. 


Tuesday, June 10th, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Norwood, of the Episcopal Church, the journal of yester¬ 
day was read and approved. 

'The Phesident stated the unfinished business to be upon the motion 
of Mr. M. R. H. Garnett to lay on the table the resolution of Mr. 
Miller proposed on yesterday. 

The question being put to the Convention, was decided in the ne¬ 
gative—ayes 40, noes 42. 

On motion of Mr. Snowden the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Beale, Bowles, Braxton, 
Camden, Carlile, Dale Carter, Chilton, Cook, Douglas, Flood, Fultz, 
Fuqua, Garland, Hall, Hopkins, Jasper, Kilgore, Letcher, Lyons, Mc- 
CandJish, Meredith, Petty, Ridley, Seymour. Shell, James Smith, Jo¬ 
seph Smith, Southall, Stanard, Strother, Archibald Stuart, Tate, Trigg, 
Tunis, Van Winkle, William Watts, Whittle, Ira Williams, Worsham 
—40. 

Noes —Messrs. Anderson, Armstrong, Bland, Blue, Brown, John A. 
Carter, Chambers, Chambliss, Deneale, Edmunds, Ferguson, Finney, 
Fulkerson, Muscoe Garnett, Hays, Hunter, Johnson, Kenney, Leake, 
Lucas, Lynch, Jefferson T. Martin, William Martin, Miller, Moote, 
Neeson, Newman, Pendleton, Price, Purkins, Randolph, R. E. Scott, 
Robert G. Scott, Sheffey, Snodgrass, Snowden, Stephenson, Turnbull, 
Samuel Watts, White, Willey, Wingfield—42. 

Mr. Carlile moved to amend the resolusion by substituting therefore 
the following. 

Resolved , That when the Convention adjourn to-day it will adjourn 
to meet on to morrow and daily thereafter at 8 o’clock A. M. 

Mr. Hopkins moved that the resolution and amendment be indefi¬ 
nitely postponed, and upon this question Mr. Blue demanded the pre¬ 
vious question, which was sustained, and the motion of Mr. Hopkins 
agreed to. 

Mr. Emunds moved that the Convention resolve itself into a commit¬ 
tee of the whole upon the report of the committee on county courts, 
&c. 

Before the motion was submitted to the Convention, Mr. Edmunds 
asked leave to withdrew his motion, but objection being made, 

On motion of Mr. Deneale leave was given to Mr. Edmunds by the 
Convention. 

Mr. Smith, of Kanawha, submitted the following resolution. 

Resolved , That no member shall be at liberty to speak more tfnn 
once on the same subject, in Convention or committee of the whole, 
without leave, and that no speech shall exceed thirty minutes. 

Mr. Pendleton moved to amend the resolution by striking therefrom 
the word “ thirty” and inserting in lieu thereof the word “ twenty.” 

Mr. Carlile moved to amend the amendment by striking out the 
word “ leave” in th^ resolution, and inserting in lieu thereof the words 
u the unanimous consent of the Convention.” Pending the considera¬ 
tion of the said amendment, 



246 


On motion of Mr. Botts, 

Ordered , That the resolution and amendments be laid upon the ta¬ 
ble. 

On motion of Mr. Blue, the Convention resolved itself into a com¬ 
mittee of the whole, upon the report of the committee on county courts, 
(fee., Mr. Hays in the chair. 

After some time the President resumed the chair, and Mr. Hays 
reported that the committee had made progress in the matters referred to 
them, but had come to no conclusion thereupon. 

On motion of iVIr. Deneale, the Convention agreed to excuse Mr. 
Sloan from service upon the committee on apportioning representation. 

The President appointed Mr^ Kenney to supply the vacancy thus 
created. 

On motion of Mr. Scott, of Richmond city, the Convention then 
adjourned. 


Wednesday, June 11, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Carter, of Loudoun, proposed the following resolution. 

Resolved , That this Convention will, on to-morrow, and daily there¬ 
after, hold an afternoon session beginning at 4^ o’clock. 

The question being propounded to the Convention, Mr. Scott, of 
Caroline, demanded the main question, which was ordered, and the 
resolution rejected—ayes 48, noes 48. 

On motion of Mr. Martin, of Henry, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. Anderson, Armstrong, Banks, Barbour, Bland, Blue, 
Brown, Burgess, Caperton, D. Carter, J. A. Carter, Chambers, Cham¬ 
bliss, Claiborne, Cook, Deneale. Edmunds, Ferguson, Finney, M. Gar¬ 
nett, Hays, Hoge, Hunter, Janney, Johnson, Kenney, Kilgore, Leake, 
Lionberger, Lucas, Lynch, J. T. Martin, VV. Martin, Miller, Murphy, 
Neeson, Newman,Pendleton, Price,Randolph,F. W. Scott,R.E. Scott, 
W. Smith, Snowden, Tate, Turnbull, Willey and Wingfield—48. 

Noes— Messrs. John Y. Mason, (Pres’t.) Beale, Bocock, Bowles, 
Braxton, Camden, Chapman, Chilton, Douglas, Flood, Floyd, Fultz, 
Fuqua, Garland, Hall, Hopkins, Jasper, Knote, Letcher, Ligon, Lyons, 
McCandlish, Meredith, Moore, Morris, Petty, Purkins, Ridley, Rives, 
Sc.oggin, Seymour, Shell, Arthur R. Smith, B. H. Smith, James Smith, 
Southall, Stanard, J. E. Stewart, Straughan, Strother, A. Stuart, Trigg, 
Tunis, Van Winkle, Watts, Whittle, In Williams and Worsham—48 

Mr. Beale presented a copy of the proceedings of a public meeting 
in King George county, upon the “ basis of representation,” which on 
liis motion, was ordered to be laid upon the table. 

On farther motion of Mr. Beale, the Convention resolved itself into 
a committee of the whole upon the report of the committee on county 
courts, (fee., Mr. Hays in the chair. 

After some time the President resumed the chair, and Mr. Hays 
reported that the committee had made progress in the matter, referred 
to them, but had come to no conclusion. 

On motion of Mr. Siieffey the Convention adjourned. 



247 


Thursday, June 12,1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Scott, of Caroline, presented a copy of the proceedings of a 
public meeting of citizens of Caroline county upon the subject of the 
“ basis of representation,” which, upon his motion, was ordered to be 
laid upon the table. 

Mr Cocke presented a copy of the proceedings of a similar meeting 
in Louisa county, which, on his motion, was laid upon the table. 

Mr. Smith, of Kanawha, proposed the following resolution : 

Resolved , That no member shall speak more than once cn the same 
subject in convention or committee of the whole without leave. 

i\ r. Strother moved to lay the said resolution upon the table, and 
the motion was rejected. 

Mt. Fisher proposed the following amendment as a substitute for 
the resolution: 

Resolved, That the chair shall be vacated, and a recess taken by this 
body from 1 till 3 o’clock, P. M., every day. 

Mr. Claiborne moved that the resolution and amendment be indefi¬ 
nitely postponed, and upon this Mr. Smith , of Kanawha, demanded the 
main question, which was ordered, and the motion of Mr. Claiborne 
agreed to. 

On motion of Mr. Scott, of Fauquier, the Convention resolved itself 
into a committee of the whole, upon the report of the committee on 
county courts, &c. Mr. Hays in the chair. 

After some time the President resumed the chair, and Mr. Hays 
reported that the committee had directed him to report sundry amend¬ 
ments to the report referred to them. 

On motion of Mr. Carlile, 

Ordered, That tho said report be laid upon the table. 

On motion of Mr. Carlile, 

Ordered, That the said report be printed as amended, with the amend¬ 
ments embraced in brackets. 

Mr. Muscoe Garnett, from the committee to whom was referred the 
question of “ ascertaining whether the farther publication of the Sup¬ 
plement could be dispensed with,” made a report, which, on motion of 
Mr. Claiborne, was ordered to be laid upon the table. 

On far;her motion of Mr. Claiborne, the Convention adjourned. 


Friday, June 13, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Empie, of the Episcopal church, the journal of yesterday’s 
proceedings was read and approved. 

Mr. Fuqua presented a copy of the proceedings of a public meeting 
of citizens of Buckingham county, upon the subject of the “ basis of 
representation,” which, upon his motion, was ordered to be laid upon 
the table. 

Mr. Burgess presented a copy of the proceedings of a similar meet¬ 
ing in the county of Southampton upon the same subject, which was, 
* upon his motion, likewise ordered to be laid upon the table. 

On motion of Mr. Pendleton, the Convention resolved itself into a 



248 

committee of the whole convention, Mr. Southall being called to the 
chair. 

After some time the President resumed the chair, and Mr. Watts, 
of Norfolk county, from the committee of the whole, reported that that 
committee had had under consideration the report of the committee on 
the executive department, and had directed him to report sundry amend¬ 
ments thereto. 

On motion of Mr. Edmunds, 

Ordered , That the said report be laid upon the table. 

On farther motion of Mr. Edmonds, 

Ordered , That the said report, as amended, be printed for the use of 
the Convention, with the amendments enclosed in brackets and printed 
in italics. 

Mr. Caperton moved to take up and consider a copy of the proceed¬ 
ings of a public meeting of citizens of Buckingham, which was laid 
upon the table this morning. Pending the consideration of which, 

On motion of Mr. Hopkins the Convention adjourned. 

Saturday, June 14, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

The President stated the unfinished business to be upon the mo¬ 
tion of Mr. Caperton, to ake up and consider a copy of the proceed¬ 
ings of a public meeting of citizens of Buckingham county. Where¬ 
upon Mr. Caperton, by leave of the Convention, withdrew his motion. 

Mr. Straughan moved that the Convention take up and’ consider a 
resolution proposed by him on the 21st of May last, together with an 
amendment thereto submitted by Mr. Bowden. 

The quo&uon being put to the Convention it was ascertained that 
there was not a quorum of members voting. 

Afterwards a quorum appearing, the motion of Mr. Straughan was 
decided in the affirmative. 

Mr. Ridley moved to amend the amendment by substituting there¬ 
for the following : 

That in the apportionment of representation, no county shall be as¬ 
signed more than one delegate, until one delegate shall be assigned to 
each of the counties and election districts now entitled to a separate 
representation. 

iV'r. Letcher moved that the resolution and amendments be indefi¬ 
nitely postponed, and on this motion Mr. Pendleton demanded the 
main question, which was ordered, and Mr. Letcher’s motion agreed 
to—ayes 58, noes 35. 

On motion of Mr. Carter, of Loudoun, the vote was recorded as 
follows : 

Ayes— Messrs. Anderson, Armstrong, Barbour, Bland, Bocock, 
Braxton, Brown, R. E. Byid, Camden, Caperton, Carlile, L). Carter. 
J. A. Carter, Chapman, Chilton, Claiborne, Cook, Cox, Davis, Faulk 
ner, Finney, Fulkerson, Fultz, Hunter, Jacob, Janney, Kenney, Kil¬ 
gore, Knote, Letcher, Lionberger, Lynch, William Martin, Meredith, 
Mil er, Moore, Murphy, Neeson, Newman, Pendleton, Price, Robert 
G. Scott, Benjamin H. Smith, Joseph Smith, William Smith, Snod¬ 
grass, Southall, Stanard, James E. Stewart, Archibald Stuart, Tate, 



249 

Trigg, Tunis, Van Winkle, White, Willey, Wingfield, and Wool- 
folk—58. 

Noes —(Messrs. John Y. Mason, (Pres’t,) Banks, Beale, Bowles, 
Burgess, Chambliss, Conway, Douglas, Fisher, Fuqua, Garland, Mus- 
coe Garnett, Hall, Hays, Hoge, Hopkins, Jones, McCandlish, McCo- 
mas, Morris, Petty, Parkins, Ridley, Rives, Scoggin, Francis W. Scott, 
Shell, Arthur R. Smith, James Smith, Straughan, Strother, Taylor, 
Turnbull, Whittle, and Worsham—35. 

Mr. Claiborne submitted a motion that the Convention resolve it¬ 
self into a committee of the whole Convention. 

Mr. Miller moved to amend the motion of Mr. Claiborne, substi¬ 
tuting therefor the following : 

Resolved, 'That the Convention resolve itself into a committee of the 
whole upon the report of the committee on the judiciary department. 

Mr. Claiborne asked leave to withdraw his motion, and objection 
being made, on motion of Mr. Stanard, the Convention granted him 
leave. 

On motion of Mr. Stanard, the Convention agreed to take up and 
consider the report of the committee appointed to enquire into the ex¬ 
pediency of discontinuing the publication of the supplement. 

The resolution of the said committee was read, as follows : 

Resolved, That the further publication of the supplement (after the 
debate upon the basis question shall have been published) be dispensed 
with, and the proposition of R. H. Gallaher, for furnishing 3400 addi¬ 
tional copies of the Register of Debates, and for the publication in the 
Republican newspaper, of any debates which may hereafter arise, be ac¬ 
cepted upon the terms set forth in his communication of this day. 

Mr. Stanard moved to amend the resolution of the committee by 
striking therefrom all after the word “ with” in the third line. 

Mr. Straughan moved indefinitely to postpone the resolution and 
amendment, and upon his motion, Mr. M. Garnett demanded the 
main question, which was ordered, and the motion of Mr. Straughan 
rejected—ayes 39, noes 61. 

On motion of Mr. Stanard. the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Mark Bird, Botts, Brown, Camden, Ca- 
perton, Carlile, Dale Carter, John A. Carter, Chapman, Claiborne, Da¬ 
vis, Ferguson, Fisher, Floyd, Hall, Hoge, Hunter, Jacob, Janney, 
Jasper, Kilgore, Knote, Li nberger, Letcher, J. T. Martin, W. Martin, 
Miller, Price, Rives, Joseph Smith, William Smith, Straughan, Stro¬ 
ther, Archibald Stuart, Tate, White, Willey, Wingfield—39. 

Noes —Messrs. John Y. Mason, (Pres’t,) Anderson, Banks, Bar¬ 
bour, Beale, Bland, Bocock, Bowles, Braxton, Burgess, Richard E. 
Byrd, Chambliss, Cocke, Cox, Douglas, Faulkner, Finney, Flood, 
Fulkerson, Fultz, Fuqua, Garland, Muscoe R. H. Garnett, Muscoe 
Garnett, Hays, Hopkins, Jones, Kenney, Ligon, Lynch, McCandlish, 
McComas, Meredith, Moore, Morris, Murphy, Neesoti, Newman, Petty, 
Purkins, Ridley, Scoggin, Francis W. Scott, Robert E. Scott, Robert 
G. Scott, Shell, Arthur R. Smith, Benjamin H. Smith, James Smith, 
Snodgrass, Southall, Stanard, James E. Stewart, Taylor, Trigg, Tu¬ 
nis, Turnbull, Van Winkle, Whittle, Woolfolk, Worsham—61. 

The question recurred upon the motion of Mr. Stanard, and Mr. 

32 


250 


Anderson called the previous question, which was sustained and Mr* 
Stanard’s amendment rejected—ayes 46, noes 43. 

On motion of Mr. Camden, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Anderson, Banks, Bar¬ 
bour, Beale, Bocock, Bowles, Braxton, Chambliss, Cocke, Cox, Doug¬ 
las, Finney, Flood, Fultz, Fuqua, Garland, Muscoe R. H. Garnett, 
Jasper, Jones, Kenney, Ligon, Lynch, McCandlish, Meredi h, Morris, 
Murphy, INeeson, Newman, Purkins, Ridley, Scoggin, Francis W. 
Scott, R. E. Scott, Rob’t G. Scott, Shell, James Smith, Southall, Stan- 
ard, Taylor, Tunis, Turnbull, Whittle, Woolfolk, Worsham—46. 

Noes —Messrs. Armstrong, Mark Bird, Bland, Botts, Burgess, R. E. 
Byrd, Camden, Carlile, Dale Carter, John A. Carter, Chapman, Chil¬ 
ton, Claiborne, Davis, Ferguson, Fisher, Floyd, Fulkerson, Muscoe 
Garnett, Hoge, Hopkins, Jacob, Janney, Kilgore, Knote, Letcher, Li- 
onberger, Jefferson T. Martin, William Martin, Miller, Pendleton, 
Price, Rives, Arthur R. Smith, Benjamin H. Smith, Joseph Smith, W. 
Smith. Snodgrass, James E. Stewart, Straughan, Strother, Archibald 
Stuart, Tate, Trigg, Van Winkle, White, Willey, Wingfield—48. 

Mr. Cox moved to amend the resolution of the committee by substi¬ 
tuting therefor the following : 

Resolved , That the publication of the supplement shall be discon¬ 
tinued when the debates and proceedings of the Convention, in com¬ 
mittee of the whole, shall have closed. 

Mr. Letcher, moved that the report and amendment be indefinitely 
postponed, and the motion was decided in the affirmative—ayes 49, 
n 'es 45. 

On motion of Mr. Cox, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Mark Bird, Bland, Botts, Brown, Cam¬ 
den, Carlile, Dale Carter, John A. Carter, Chapman, Chilton, Clai¬ 
borne, Cocke, Cook, Ferguson, Fisher, Floyd, Fulkerson, Muscoe 
Garnett, Hall, Hays, Hoge, Hopkins, Jacob, Janney, Jasper, Kilgore, 
Knote, Letcher, Lionberger, J. T. Martin, William Martin, Miller, Pen¬ 
dleton, Price, Rives, B. H. Smith, Joseph Smith, Wm. Smith, Snod¬ 
grass, James E. Stewart, Straughan, Strother, Archibald Stuart, Tate, 
Van Winkle, White, Willey, Wingfield—49. 

No E s—M essrs. John Y. Mason, (Pres’t,) Anderson, Banks, Bar¬ 
bour, Bocock, Bowles, Braxton, Burgess, Chambliss, Cox, Davis, 
Douglas, Faulkner, Finney, Flood, Fultz, Fuqua, Garland. Muscoe 
R. H. Garnett, Jones, Kenney, Ligon, Lynch, McCandlish, Meredith, 
Moiris, Murphy, Neeson, Newman, Purkins, Ridley, Scoggin, Francis 
W. Scott, Robert E. Scott, Shell, Arthur R. Smith, James Smith, 
Southall, Stanard, Taylor, Trigg, Turnbull, Whittle, Woolfolk, Wor¬ 
sham—45. 

On motion of Mr. Price, the Convention resolved itself into a com¬ 
mittee of the whole, Mr. Southall in the chair. 

After some time, the President resumed the chair and Mr. South- 
all reported that the committee had had under consideration the re¬ 
port of the committee on western land titles, and made progress therein, 
but had come to no conclusion thereupon. 

Mr. Stanard proposed the following resolution : 

Resolved , That the further publication of the supplement (after the 


251 


debate on the basis question, now in course of publication, shall have 
been concluded) be dispensed with ; and that, with the consent of the 
publisher, it be submitted to two refeiees, one of whom shall be selected 
by the President of the Convention, and the other by the said publish¬ 
er, or to their umpire in case of a disagreement, o decide whether said 
publisher is entitled to any, and if any to what damages, by reason of 
the supplement being dispensed with. 

Pending the consideration of the said resolution, 

On motion of Mr. Stanard, the Convention adjourned. 


Monday, June 16, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Taylor, of the Presbyterian church, the journal of Sat¬ 
urday’s proceedings was read and approved. 

Mr. Strother presented a copy of the proceedings of a public meet¬ 
ing of citizens of Rappahannock county, upon the subject of the “ ba¬ 
sis of representation,” which, upon his motion was ordered to be laid 
upon the + able. 

The President stated the unfinished business to be the adoption of 
a resolution proposed, on Saturday, by Mr. Stanard. 

On motion of Mr. Ferguson, 

Ordered , That the said resolution be laid upon the table. 

Mr. Hays submitted the following resolution, which, upon his mo¬ 
tion, was ordered to be laid upon the table and printed : 

“ The legislature shall protect, by law, from forced sale, a certain 
portion of the property of all heads of families. The homestead of a 
family, not exceeding dollars in value, shall not be subject to 

forced sale, for any debts contracted after the adoption of this constitu¬ 
tion, nor shall the owner, if a married man, beat liberty to alienate the 
same, unless by consent of the wife, in such manner as may be pre¬ 
scribe! by law.” 

On motion of Mr. Pendleton, the Convention resolved itself into a 
committee of the whole Convention, Mr. Southall in the chair. 

After some time, the President resumed the chair, and Mr. South- 
all reported that the committee of the whole had had under conside¬ 
ration the report of the committee on western land titles, and had di¬ 
rected him to make a report thereupon. 

Tire said report was read as follows : 

The committee of the whole have, according to order, had under 
consideration the report of the committee on western land titles, and 
have agreed to recommend to the Convention, 

1st. To strike out from the said report the second section. 

2d. That the Convention adopt the following resolution : 

“ Resolved, That the report of the committee, to them referred, be 
rejected.” 

Mr. Price moved to lay the said report upon the table, and the mo¬ 
tion was rejected—ayes 32, noes 57. 

On motion of Mr. Fisher, the vote was recorded as fellows : 

Ayes—M essrs. John Y. Mason, (Pres’t,) Barbour, Bland, Blue, 
Bocock, Bolts, Camden, Jno. A. Carter, Chilton, Claiborne, Fdwards, 
Ferguson, Fisher, Hopkins, Jacob, Kilgore, Knoto, Lynch, McComas, 



252 


kr' 


Jefferson T. Martin, Moore, Neeson, Rives, Benjamin H. Smith, Jos. 
Smith, Snodgrass, Strother. Tate, Taylor, Van Winkle, Whittle, Wil¬ 
ley—32. 

Noes —Messrs. Anderson, Armstrong, Banks, M. Bird, Brown, Bur¬ 
gess, R. E. Byrd, D. Carter, Chambliss, Chapman, Cocke, Conway, 
Cook, Douglas, Faulkner, Finney, Fulkerson, Garland, M. R. H. Gar¬ 
nett, M. Garnett, Hall, Hays, Hoge, Jasper, Jones, Kenney, Ligon, Li- 
onberger, McCandlish, Wm. Martin, Morris, Murphy, Newman, Pen¬ 
dleton, Petty, Price, Purkins, Ridley, Scoggin, F. W. Scott, Robert E. 
Scott, Robert G. Scott, Seymour, Shell, Arthur R. Smith, Wm. Smith, 
Southall, James E. Stewart, Straughan, Archibald Stuart, Trigg, Tu¬ 
nis, Turnbull, William Watts, Wingfield, Worsham, Wysor—57. 

The question was then put upon agreeing with the committee in 
their first amendment, and was decided in the affirmative ; and then, 

On motion, the Convention agreed to adopt the resolution recom¬ 
mended by the committee of the whole in their second amendment. 

On motion of Mr. Price, the Convention resolved itself into a com¬ 
mittee of the whole, upon the report of the committee on education, 
Mr. Strother in the chair. 

After some time, the President resumed the chair, and Mr. Stro¬ 
ther reported that the committee had, according to order, had under 
consideration the matters referred to them, and had made progress there¬ 
in, but had come to no conclusion thereupon. 

On motion of Mr. Price, the Convention then adjourned. 

Tuesday, June 17th, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Reid, of the Presbyterian church, after which, 
the journal of yesterday’s proceedings was read and approved. 

On motion cf Mr. Straughan, the Convention resolved itself into a 
committee of the whole upon the report of the committee on education, 
Mr. Strother in the chair. 

After some time, the President resumed the chair, and Mr. Stro¬ 
ther reported that the committee of the whole had, according to order, 
had under consideration the said report, to them referred, and had direct¬ 
ed him to report to the Convention the following amendments thereto : 

1st. To strike out from the said report the Jirst section. 

2d. To recommend to the Convention to adopt the following resolu¬ 
tion : 

“ Resolved , That the Convention reject the report of the committee 
on education.” 

Pending the consideration of the said report, 

On motion of Mr. Chambliss, the Convention adjourned. 


Wednesday, June 18th, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Stephen Taylor, of the Presbyterian church, after 
which the journal of yesterday’s proceedings was read and approved. 

The report of the committee on education, which was under consid¬ 
eration when the Convention adjourned on yesterday, was taken 
up ; thereupon a motion was made by Mr. Muscoe Garnett, that the 




253 


report be laid upon the table, and it was determined in the negative. 

The committee of the whole proposed to amend the said report by 
striking therefrom the first section. 

i he said section is the following : u The legislature shall provide by 
law for popular instruction.” 

And the question being put upon the said amendment, was deter¬ 
mined in the affirmative—ayes 52, noes 39. 

On motion of Mr. Hays, the vote was recorded as follows : 

Ay ns—Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Burgess, Dale Carter, Chambliss, Chapman, Chilton, Clai¬ 
borne, Cox, Finney, Fulkerson, Garland, Muscoe R. II. Garnett, 
Muscoe Garnett, Hall, Hoge, Hopkins, Janney, Jones, Kenney, Ligon, 
Lionberger, Lynch, William Martin, Miller, Newman, Pendleton, 
Petty, Kidley, Rives, Scoggin, Francis W. Scott, Robert E. Scott, 
Robert G. Scott, Seymour, Arthur R. Smith, James Smith, Southall, 
Straughan, Archibald Stuart, Tredway, Trigg, Tunis, Turnbull, 
Samuel Watts, Whittle, Wingfield, Worsham, Wysor—52. 

Noes —Messrs. Armstrong, Bland, Brown, Camden, Caperton, 
Carlile, John A. Carter, Cook, Edwards, Faulkner, Fisher, Floyd, 
Fultz, Gaily, Hays, Hunter, Jacob, Jasper, Kilgore, Knote, Letcher, 
Lucas, McCandlish, McComas, Jefferson T. Martin, Moore, Nceson, 
Price, Joseph Smith, William Smith, Snodgrass, Snowden, Stanard, 
James E. Stewart, Strother, Tate, Taylor, Van winkle, Willey—39. 

A motion was then made by Mr. Taylor, that the said report be 
laid upon the table, and it was determined in the negative—ayes 44, 
noes 47. 

On motion of Mr. Taylor, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Bland, 
Boeock, Brown, Camden, Caperton, John A. Carter, Chilton, Ed- 
Wards, Faulkner, Fisher, Floyd, Fulkerson, Fultz, Gaily, Muscoe 
Garnett, Hays, Jacob, Jasper, Kilgore, Knote, Letcher, McCand¬ 
lish, McComas, Jefferson T. Martin, Miller, Moore, Neeson, Price, 
Arthur R. Smith, Joseph Smith, William Smith, Snodgrass, Snowden, 
Stanard, Straughan, Strother, Tate, Taylor, Trigg, Tunis, Van Winkle, 
Willey—44. 

Noes —Messrs. Arthur, Banks, Barbour, Beale, Burgess, Carlile, D. 
Carter, Chambliss, Chapman, Cook, Cox, Finney, Garland, Muscoe 
R. H. Garnett, Hall, Hoge, Hopkins, Hunter, Janney, Jones, Kenney, 
Ligon, Lionberger, Lucas, Lynch, William Martin, Newman, Pendle¬ 
ton, Petty, Ridley, Rives, Scoggin, Francis W. Scott, Robert E. Scott, 
Robert G. Scott, Seymour, Benjamin H. Smith, James Smith, South- 
all, James E. Stewart, Archibald Stuart, Turnbull, Samuel Watts, 
Whittle, Wingfield, Worsham, Wysor—47. 

A motion was then made by Mr. Carlile, to amend the report of the 
committee on education, by substituting therefor the following : 

The literary fund shall, for the future, be safely invested in the 
bonds of this state, or other public securities, and no portion thereof 
shall be given or loaned to the universities or colleges, ot the state, nor 
shall the same in any wise be diverted from the purposes of primary 
education. 

A motion was made by Mr. Floyd to amend the said amendment by 
substituting the following : 


254 


1. The permanent capital of the literary fund shall be transferred to 
the commonwealth and the faith of the State is hereby pledged for the 
amount of the said capital and the future increase thereof. 

2. The accruing revenue of the literary fund shall be annually add¬ 
ed to the permanent capital, and the fund so constituted shall be de¬ 
nominated the “ Free School Fund.” It shall be held inviolate and 
shall be applied to the education of the free white children of this com¬ 
monwealth, nor shall the Free School Fund be applied to any other 
purpose whatever. 

3. The Legislature shall provide that the people of the several coun¬ 
ties, cities and towns of the commonwealth may by the vote of a ma¬ 
jority of the qualified voters thereof, annually provide by a capitation 
tax upon heads of families, and an ad valorem revenue tax, in equal 
portions, su^h sum as shall in addition to the distributable quota of the 
“ Free Shod Fund” to which said counties, cities and towns may be 
entitled, be sufficient for the education of all the free white children in 
each of said counties, cities and towns. 

4. The annual interest of the Free School Fund, except $15,000 
thereof which shall be appropriated to the University, shall be appor¬ 
tioned amongst the several counties, cities and towns of the state ac¬ 
cording to the proportion which the free white population within such 
county, city and town shall bear to the whole free white population 
within the commonwealth. 

A motion was made by Mr. Hall, that the farther consideration of 
the said report and proposed amendments be indefinitely postponed. 

And the same being under consideration, Mr. Stanah n demanded 
the main question, but it was not sustained—ayes 47, noes 52. 

On motion of Mr. Muscoe Garnett the vote was recorded as fol¬ 
lows : 

Ayes— Messrs. Anderson, Arthur, Banks, Barbour, Bocock, Bur¬ 
gess, Dale, Carter, Chambliss, Chapman, Claiborne, Cook, Cox, Fin¬ 
ney, Muscoe R. H. Garnett, Hall, Hogo, Hopkins, Hunter, Janney, 
Jones, Kenney, Lionberger, Lucas, William Martin, Newman, Pendle¬ 
ton, Petty. Ridley, Rives, Scoggin, Robert E. Scott, Shell, Arthur R. 
Smith, Benjamin H. Smith, Jas. Smith, Southall, Stanard, Straughan, 
Archibald Stuart, Tredway, Tunis, Turnbull, Samuel Watts, William 
Watts, Whittle, Worsham and Wysor—47. 

Noes.— Messrs. John Y. Mason, (Pres’t.) Armstrong, Beale, Mark 
Bird, Bland, Botts, Bowden, Brown, Camden, Caperton, Carlile, John 
A. Carter, Chilton, Edwards, Faulkner, Ferguson, Fisher, Floyd, 
Fulkerson, Fultz, Gaily, Garland, Muscoe Garnett, Hays, Jacob, Jas¬ 
per, Kilgore, Knote, Letcher, Ligon, McCandlish, McComas, Jefferson 
T. Martin, Miller, Moore, Morris, Neeson, Price, Francis W. Scott, 
Seymour, Joseph Smith, William Smith, Snodgrass, Snowden, James 
E. Stewart, Strother, Tate, Taylor, Trigg, Van Winkle, Willey, and 
Wingfield—52. 

The question recurred upon the motion to postpone the said report 
and proposed amendments indefinitely, and was determined in the neg¬ 
ative—ayes 37, noes 66. 

On motion of Mr. Muscoe Garnett the vote was recorded as fol¬ 
lows : 


255 


Ayes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Bocock, Burgess, Dale Carter, Chambliss, Chapman, Claiborne, Cox, 
Finney, Muse.oe R H. Garnett, Hall, Hoge, Hopkins, Jones, Kenney, 
William Martin, Newman, Pendleton, Petty, Randolph, Ridley, Rives, 
Scoggin, Robert E. Scott, Shell, Arthur R. Smith, Southall, Archi¬ 
bald Stuart, Tredway Turnbull, Samuel Watts, Whittle, Worsham and 
Wysor—37. 

Noes —Messrs. Anderson, Armstrong, Beale, Mark Bird, Bland, 
Blue, Botts, Bowden, Brown, Camden, Caperton, Carlile, John A. 
Carter, Chilton, Cook, Edwards, Faulkner, Ferguson, Fisher, Floyd, 
Fulkerson, Fultz, Gaily. Garland, Muscoe Garnett, Hays, Hunter, Ja¬ 
cob, Janney, Jasper, Kilgore, Knote, Letcher, Ligon, Lionberger, Lu¬ 
cas, McCandlish, McComas, Jefferson T. Martin, Miller, Moore, Mor¬ 
ris, Neeson, Price, Puikins, Francis W. Scott, Robert G. Scott, Sey¬ 
mour, Benjamin H. Smith, James Smith, Joseph Smith, William Smith, 
Snodgrass, Snowden, Stanard, James E. Stewart, Straughan, Strother, 
Tate, Taylor, Trigg, Tunis, Van Winkle, William Watts, Willey and 
Wingfield—66. 

On motion of Mr. Knote, the said report and amendments were or¬ 
dered to be laid upon the table. 

On motion of Mr. Floyd, the said amendments were ordered to be 
printed. 

On motion of Mr. Pendleton, the Convention resolved itself into a 
committee of the whole upon the report of the committee on the judi¬ 
ciary department of the government, Mr. Southall, being in the chair. 

After some time the President resumed the chair and Mr. Southall 
reported that the committee had made progress in the matters referred 
to them, but had risen without coming to any conclusion thereupon. 

Mr. Faulkner presented resolutions intended to be offered by him 
when tne report of the committee on education shall be considered, 
which were ordered to be printed. 

On motion of Mr. Finney the Convention adjourned. 

Thursday, June 19th, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Peter Deforest, of the Methodist church, after which, 
the journal of yesterday’s proceedings was read and approved. 

Mr. Muscoe Garnett presented the proceedings of a public meeting 
of the citizens of Essex county, upon the question of the basis of re¬ 
presentation, which was laid upon the table. 

On motion of Mr. Janney, the committee resolved itself into a com¬ 
mittee of the whole, to take into consideration the report of the com¬ 
mittee on the judiciary, Mr. Southall being in the chair. 

After some time, the President resumed the chair and Mr. South- 
all reported that the said committee had madfi progress in the subjects 
referred to them, without concluding the same. 

On motion of Mr. Byrd, of Frederick, the Convention adjourned. 

Friday, June 20, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Gilderslieve of the Presbyterian church, the journal of 
yesterday’s proceedings was read and approved. 




256 


Mr. Hunter presented a proposition upon the subject of u amend¬ 
ments to the constitution,” which, upon his motion was ordered to be 
laid upon the table and printed. 

Mr. Kinney submitted the following resolution : 

Resolved , That the Convention will, on this day, and each day here¬ 
after, hold an evening session, commencing at 4^ o’clock. 

The said resolution being under consideration, Mr. Snowden de¬ 
manded the main question, which was ordered, and the resolution re¬ 
jected. 

Mr. Fisher moved that the Conventinn resolve itself into a com¬ 
mittee of the whole convention ; and the motion being submitted to 
the Convention was decided in the negative. 

Mr. Straughan presented an amendment which he designed offer¬ 
ing to the report of the committee on limitations and guaranties, which, 
on his motion, was ordered to be laid upon the table and printed. 

On motion of Mr. Scott, of Richmond City, the Convention re¬ 
solved itself into a committee of the whole upon the report of the com¬ 
mittee on the judiciary department, Mr. Southall in the chair. 

After some time, the President resumed the chair, and Mr. South- 
all reported that the committee had made progress in the matters re¬ 
ferred to them, but had come to no conclusion thereupon. 

On motion of Mr. Strother, the Convention adjourned. 

Saturday, June 21, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Hoge, of the Presbyterian church, the journal of yester¬ 
day’s proceedings was read and approved. 

Mr. Martin, of Marshall from the special committee appointed “ to 
settle with the trustees of the Universalist church, for the use of their 
building by the Convention,” presented a report which was read as 
follows : 

The select committee appointed u to settle with the trustees of the 
Universalist church, for the rent of their church edifice, during the 
time it was occupied by the Convention, and report the amount due 
thereon, that said accounts may be certified for payment,” have per¬ 
formed that duty, and beg leave to report, “That after an inspection of 
the building, and a full investigation of the whole subject, and a con¬ 
ference with the trustees of the church, they have come to the conclu¬ 
sion that the sum of three hundred and fifty dollars is ample to pay the 
rent, and to cover all the damages sustained by the church, during the 
time it was in the use of the Convention, and the committee accord¬ 
ingly recommend to the Convention, to order a certificate to be issued 
for the payment of said sum of three hundred and fifty dollars to the 
trustees of said church, for the payment of rent and all other charges 
for the use of their building by the Convention. All of which is re¬ 
spectfully submitted. 

The question being put upon agreeing with the committee in their 
said report, it was decided in the affirmative. * 

. On motion of Mr. Ferguson, the Convention resolved itself into a 
committee of the whole upon the report of the committee on the judi¬ 
ciary department, Mr. Southall in the chair. 



257 


After some time the President resumed the chair, and Mr. South- 
all reported that the committee had made progress iti the matters re¬ 
ferred to them, but had come to no conclusion thereupon. 

Mr. Spxnawd proposed the following resolution. 

Resolved, That a committee of be appointed, whose duty it shall 
be to take into consideration the division of the state into judicial sec¬ 
tions, districts and circuits, and make report thereon. 

Mr. Kd wards moved that the Convention do adjourn, and the mo¬ 
tion was rejected. 

Mr. Prick moved that the resolution of Mr. Stanard be laid upon 
the table, and the motion being put to the Convention it appeared that 
was not a quoru n of members present* 

Whereupon, on motion of Mr. CARLiLE,the Convention adjourned. 

Monday, June 2?, 1851. 

The Convention met pursuant to adjournment, and the journal of 
Saturday’s proceedings was read and approved. 

The President stated the unfinished business to be upon the mo¬ 
tion of Mr. Price to lay upon the table a resolution offered on Satur¬ 
day last, by Mr. Stanard. The said question being put to the Con¬ 
vention, was decided in the affirmative. 

Mr Smith, of Greenbrier, presented a petition from sundry females 
of the county of Pocahontas, in relation to 44 the licensing of the sales 
of ardent spirits,” which, upon his motion, was ordered to be laid up¬ 
on the table. 

On motion of Mr. Martin, of Marshall, 

Resolved, That the secretary certify for payment, to John W. Hines, 
for the use of the owners of the Universalist church, an account of 
$350. 

On motion of Mr. Faulkner, the Convention resolved itself into a 
committee of the whole, upon the report of the judiciary committee, 
Mr. Southall in the chair. 

After some time the President resumed the chair, and Mr. South- 
all reported that the committee had made progress in the matters re¬ 
ferred to them, but had come to no conclusion thereupon. 

On motion of Mr. Strother, the Convention adjourned. 

Tuesday, June 24, 185]. 

The Convention met pursuant to adjournment, and after prayer by 
the [lev. Dr. Howell, of the Baptist church, the journal of yesterday’s 
proceedings was read and approved. 

Mr. Blue submitted the following resolution : 

Resolved, That no member, from and after the adoption of this re¬ 
solution, shall be permitted to speak longer than ten minutes, on any 
pending question before the committee of the whole Convention. 

Mr. Fisher moved to amend the resolution by substituting therefore 
the following : 

Resolved, That as the obligation between speaker and hearer are mu¬ 
tual ; that while the former speaks sensibly to the subject it is the du¬ 
ty of the latter to listen ; and when the latter cease to listen, it is the 
duty of the lormer to cease speaking, as at that point mutual good 
ceases and thereby much time will be saved. 

33 




258 


Mr. Price moved to amend the amendment by substituting therefor 
the following: 

Resolved , That on and after to-day, the Convention will hold ail 
evening session, commencing at o’clock. 

On motion of Mr. Fisher, 

Ordered , That the resolution and amendments be laid upon the ta¬ 
ble—ayes 39, noes 34. 

On motion of Mr. Pendleton, the vote was recorded as follows : 

Ayes —Messrs John Y. Mason, (Pres’t,) Barbour, Bowles, Brax¬ 
ton, Burgess, Richard E. Byrd, Dale Carter, Chilton, Cocke, Cook, 
Fisher, Fultz, Garland, Muscoe R. H. Garnett, Goode, Hall, Janney, 
Letcher, Ligon, McCandlish, McComas, Moore, Robert E. Scott, Rob¬ 
ert G. Scott, Seymour, Shell, Sheffey, James Smith, Southall, Stanard, 
Jas. E. Stewart, Strother, Archibald Stuart, Taylor, Tunis, Yan Win¬ 
kle, Wallace, Whittle, WoMfolk—39. 

Noes —Messrs. Anderson, Armstrong, Arthur, Banks, Bland, Blue, 
Brown, Carlile, Chambliss, Faulkner, Ferguson, Fulkerson, Muscoe 
Garnett, Hays, Hoge, Jacob, Kilgore, Leake, Lucas, Miller, Neeson, 
Newman, Pendleton, Price, Purkens, Ridley, Sccggin, Snodgrass, 
Snowden, Tredway, Trigg, Turnbull, Willey, Wysor—34. 

On motion of Mr. Stuart, of Patrick, the Convention resolved itself 
into a committee of the whole, upon the report of the committee on the 
judiciary department, Mr. Southall in the chair. 

After some time the President resumed the chair, and Mr. South- 
all reported that the committee had made progress in the matter re¬ 
ferred to them, but had come to no conclusion thereupon. 

Mr. Price submitted the following resolution : 

Resolved 7 That no member shall be permitted to speak on any ques¬ 
tion in convention or committee of the whole more than minutes 
at one time. 

Mr. Price moved to fill the blank in the resolution with the number 
“ thirty.” 

Mr. Claiborne moved to fill with “fifteen.” 

Mr. Jacob moved to fill with “ forty-five.” 

And Mr. Carter of Loudoun, moved to fill with the number “sixty.” 

The question was first propounded upon the motion of Mr. Carter 
of Loudoun, and was decided in the negative. 

The question was then put upon agreeing to the motion of Mr. Ja¬ 
cob to fill the blank with “ forty-five.” 

Mr. Cocke moved that the resolution and amendments be inde- 
finately postponed. 

Mr. Neeson moved that the Convention do adjourn, and the motion 
was rejected. 

The question was then put upon the motion of Mr. Cocke, and de¬ 
cided in the negative. 

The question was then propounded upon the motion of Mr. Jacob 
to fill the blank with 45, and the motion was rejected. 

Mr. Letcher moved to fill the blank with the number 59, and it 
was rejected. 

Mr. Anderson moved to fill with 50, and it was decided in the ne¬ 
gative. 

The question was then put upon the motion of Mr. Price to fill the 
blank with 30, and it was rejected—Ayes 33, noes 42. 


s 


259 


On motion of Mr. Cocke, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Arthur, Banks, Blue, Burgess, Chambers, 
Chambliss, Conway, Cox, Faulkner, Ferguson, Fulkerson, Fultz, 
Muscoe Garnett, Hays, Hill, Jacob, Leake, Lionberger, Miller, New¬ 
man, Pendleton, Purkins, Ridley, Benjamin H. Smith, Snodgrass, 
Snowden, Tredway, Trigg, 'Turnbull, Whittle, Wysor—33. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Bland, Bo- 
cock, Botts, Bowles, Brown, John A. Carter, Chilton, Cocke, Floyd, 
Gaily, Garland, Muscoe R. H. Garnett, Goode, Hall, Hoge, Janney, 
Ktlg're, Letcher, Ligon, Lucas, Lynch, McCandlish, Jefferson T. 
Martin, Moore, Neeson, Scoggin, Robert E. Scott, Kobert G. Scott, 
Seymour, Shell, Sheffey, James Smith, Joseph Smith, Southall, Jas. 
E. Stewart, Strother, Taylor, Van Winkle, Wingfield, Wooifolk—42. 

Mr. Price moved to fill the blank in the said resolution with 35, and 
the motion was rejected. 

Mr. Price then, by leave of the Convention, withdrew his reso¬ 
lution. 

Mr. Scoggin submitted the following resolution : 

Resolved , That the resolution adopted on the 30th of April by the 
Convention, fixing the one hour rule, be made applicable to the com¬ 
mittee of the whole. 

Mr. M. R. H. Garnett moved that the Convention do adjourn, and 
the motion was rejected. 

Mr. Neeson moved to amend the resolution by striking therefrom 
all after the word “ Resolved,” and inserting the following : 

u That after this day the Convention will hold evening sessions, be¬ 
ginning at o’clock.” 

The said amendment being under consideration, Mr. M. R. H. Gar¬ 
nett demanded a division of the question, and it was first propounded 
upon striking out, and decided in the negative—ayes 25, noes 44. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Arthur, Blue, Botts, Cox, Ferguson, Floyd, 
Muscoe Girnett, Hays, Hill, Hoge, Jacob, Kilgore, Ligon, Lionberger, 
Lucas, Jefferson T. Martin, Neeson, Pendleton, Purkins, Benjamin 
H. Smith, Snodgrass, Snowden, Van Winkle, Wysor—25. 

Noes —Messrs. John Y. Mason, (Pres’t,) Anderson, Banks, Barbour, 
Bland, Bicock, Bowles, Brown, John A. Carter, Chambliss, Chilton, 
Cocke, Conway, Edwards, Faulkner, Fulkerson, Gaily, Garl aid, M. 
R. H. Garnett, G'ode, Hall, Janney, Leake, Letcher, Lynch, 
McCandlish, Newman, Price, Ridlev, Scoggin, Robert E. Scott, 
Robert G. Scott, Shell, Sheffey, James Smith, Southall, Stanard, 
Jas. E. Stewart, Strother, Taylor, Turnbull, Whittle, Wingfield, Wool- 
folk—44. 

The question recurred upon adopting the resolution of Mr. Scoggin, 
and upon this Mr. Bocock demanded the main question, which was 
ordered, and the resolution agreed to. 

On motion of Mr. Taylor, the Convention adjourned. 


Wednesday, June 25, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Howell, of the Baptist church, the journal of yesterday’s 
proceedings was read and approved. 



260 


Oti motion of Mr. Price, the Convention resolved itself into a com¬ 
mittee of the whole, upon the report of the committee on the judiciary 
deportment of the government, Mr. Southall in the chair. 

After some time, the President resumed the chair and Mr. South- 
all reported that the committee had made progress in the matters re¬ 
ferred to them, but had risen without coming to any conclusion there¬ 
upon. 

Mr. Miller proposed the following preamble and resolution : 

Whereas , Information has been received that his excellency the 
President of the United States, is about to visit the capital of this 
State, 

Resolved , That a committee of five be appointed, in behalf of this 
Convention, to tender to the President the kind and respectful consid¬ 
eration of this body, and to make suitable arrangements for his recep¬ 
tion in this Hall. 

Mr M. K. H. Garnett moved to amend the preamble, by striking 
out therefrom, the words u his excellency.” 

Mr. Floyd moved to lay the resolution and amendment on the table, 
and the motion was rejected. 

The question was then put upon the motion of Mr. Garnett, and 
was decided in tin negative. 

The question recurring upon the adoption of the resolution, Mr. 
Scoggin demanded the main question, which was ordered and the 
resolution of Mr. Miller adopted. 

On motion of Mr. Floyd, the Convention adjourned. 


Thursday, June 26, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Manly, of the Baptist church, after which the 
journal of yesterday’s proceedings Avas read and approved. 

The President announced the following committee, under the res¬ 
olution adopted yesterday, on motion of Mr. Miller : 

Messrs. Miller, Faulkner, Pendleton, Carter, of Loudoun, Watts, of 
Norfolk county. 

Mr. Letcher, submitted the following resolution : 

Resolved , That on Monday next, the committee of the whole be in¬ 
structed to make final report to the Convention, upon all questions le- 
ferred to it. 

Mr. Scott, of Caroline, moved to amend the resolution by striking 
therefrom the word u Monday,” and inserting u Wednesday.” 

Pending the consideration of which amendment, 

On motion of Mr. Martin, of Marshall, 

Ordered , That the resolution and amendment be laid upon the 
table. 

On motion of Mr. Byrd, of Frederick, the Convention resolved it¬ 
self into a committee of the whole, upon the report of the committee 
on the judiciary department of the government, Mr. Southall in the 
chair. 

After some time, the President resumed the chair and Mr. South- 
all reported that the committee had risen, having made pr< gross in the 
matters referred to them, but having come to no conclusion thereupon. 

Mr. Bocock presented an amendment, which he designed offering 



s 


261 


to the report of the committee on the judhiary department, which, on 
his motion, was ordered to be laid upon the table and printed. 

On motion of Mr. Letcher, the Convention then adjourned. 

Friday, June 27, 1851 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Mr. Manly, of the Baptist church, after which the 
journal of yesterday’s proceedings was read and approved 

On motion of Mr. Taylor, the Convention resolved itself into 
a committee of the whole, upon the report of the judiciary committee, 
Mr. Southall being in the chair. 

After some time, the President resumed the chair and Mr. South- 
all reported that the committee had made progress in the matters to 
the n referred, but had risen without coming to any conclusion there¬ 
upon. 

Mr. Miller, from the special committee appointed on yesterday, to 
wait upon the President of the United States and invite him to visit 
the Convention, made a report, which was read as f Hows : 

Toe com nittee appointed to invite the President of the United States 
to visit the Convention, and to make arrangements for his reoepti n, 
have discharged that duty, and have the pleasure to report that the 
President has accepted, and that the following is the order of arrange¬ 
ment : 

*. The President will reach the hall of the Convention at 12 o’clock, 
accompanied by the committee, and will be introduced to the Presi¬ 
dent of the Convention, by the chairman of the committee. After the 
usual ceremonies, the ehair will be vacated and the members of the 
Convention personally introduced. The chair will then be resumed. 

The question being put, upon agreeing with the special committee 
in their said report, was decided in the affirmative. 

On motion of Mr. Pendleton, the Convention agreed to take a re¬ 
cess until a quarter before 12 o’clock. 

At a quarter before 2 o’clock, in pursuance of said resolution, the 
President resumed the chair, and the President of the United States 
was introduced by Mr. Miller. The President, on behalf of the 
Convention, welcomed him tothe hall, and delivered an address which 
was responded to by the President of the United States. 

< Pi motion of Mr. Miller, 

Ordered , That the chair be vacated during the pleasure of the Pre¬ 
sident of the Convention. 

After some time pissel in presenting the members of the Conven¬ 
tion, the President resumed the chair, and the President of the 
United States, with the committee, retired—when, 

On motion of Mr. Botts, the Convention adjourned. 

Saturday, Tune 2S, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Manly, of the Baptist church, the journal of yesterday’s 
proceedings was read and approved. 

Mr. Blue submitted the following resolution : 

Resolved, That on and after Monday next the Convention will hold 
evening sessions, commencing at 4^ o’clock. 




262 


Mr. Taylor moved to lay the said resolution upon the table, and 
the motion was rejected. 

Mr. Sheffey moved to amend the resolution by striking therefrom 
all a ter the word “ Resolved,” and insert the following : 

“ That on and after Monday next, the Convention will take a recess 
daily from half past one, to half past four o’clock, P. M.” 

Mr. Hopkins submitted a motion that the resolution and amendment 
be indefinitely postponed, and the motion was decided in the negative. 
Ayes 37, noes 44. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Bowles, Dale Carter, Chil¬ 
ton, Douglas, Edwards, Finney, Fisher, Flood, Garland, Goode, Hop¬ 
kins, Jaimey, Jasper, Letcher. Ligon, Lynch, McComas, Meredith, 
Moore, Morris, Petty, Rives, Scoggin, Robert E. Scott, Robert G. Scott, 
Southall, Jas. E. Stewart, Tate, Taylor, Van Winkle, Wallace, Sam’l 
Watts, Whittle, Ira Williams, Wingfield, Worsham—37. 

Noes— Messrs. Armstrong, Art ur, Banks, Bland, Blue, Bowden, 
Brown, Burgess, Camden, Carlile, John A. Carter, Chambliss, Cook, 
Edmunds, Fulkerson, Fultz, Museoe Garnett, Hays, Hill, Jacob, Kil¬ 
gore, Leake, Lionberger, Lucas, Jefferson T. Martin, William Martin, 
Neeson, Newmau, Pendleton, Price, Purkins, Ridley, Sheffey, Benj. 
H. Smith, Joseph Smith, Wm. Smith. Snodgrass, Snowden, Stephen¬ 
son, Summers, Tredway, Trigg, Turnbull, Willey—44. 

Mr Letcher moved to amend the amendment by striking therefrom 
the words “ half past one,” and inserting in lieu thereof the word 
u two.” 

Mr. Fisher demanded a division of the question, and it was first 
propounded upon striking out the words, and was decided in the ne¬ 
gative. 

Mr. Fishek moved to amend the amendment, by striking out “ half 
past one,” and inserting in lieu thereof “ one,” and the motion was 
rejected 

The question recurring upon the amendment of Mr. Sheffey, Mr. 
Tredway demanded the main question, which was ordered, and the 
amendment agreed to. 

The question was then propounded upon the resolution as amended, 
and Mr. Muscoe Garnett called the previous question, which was 
ordered, and the resolution as am nded agreed to 

On motion of Mr. Price, the Convention resolved itself into a com¬ 
mittee of the whole, upon the report of the committee on the judiciary 
department, Mr. Southall in the chair. 

After some time the Pkesident resumed the chair, and Mr. South- 
all reported that the committee had had under consideration the mat¬ 
ters to them referred, and had directed him to report to the Convention 
sundry amendments to the report of the Committee on the judiciary 
department. 

On motion of Mr. Southall, 

Ordered\ That the said report and amendments be laid upon the ta¬ 
ble, and that the report, as amended, be printed for the use of the Con¬ 
vention. 

Mr. Pendleton moved that the Convention do now resolve itself 
into a committee of the whole, upon the report of the legislative com¬ 
mittee. 


263 


Mr. Letcher moved to amend the resolution, by striking therefrom 
the words u legislative committee,” and inserting in lieu thereof the 
words u committee on the bill of rights, &c.” 

The question being put upon agreeing to the said amendment, it 
appeared that there was not a quorum of members voting. 

Afterwards, a quorum appearing, the question was again propound¬ 
ed, and the amendment of Mr. Letcher agreed to, and Mr. Shkffey 
called to the chair. 

After some time, the President resumed the chair and Mr. Shef- 
fey reported that the committee of the whole had, according to order, 
had under consideration the report of the said committee to them re¬ 
ferred, and had instructed him to report the same to the Convention, 
with sundry amendments thereto. 

On motion of Mr. Sheffey, 

Ordered That the said report be laid upon the table and printed. 

Mr. Ridley submitted a motion that the Convention now resolve it¬ 
self into a committee of the whole upon the report of the legislative 
committee. 

Mr. Hopkins moved that the Convention do adjourn, and the mo¬ 
tion was rejected. 

The question was then put upon the motion of Mr. Ridley, and 
decided in the affirmative, and Mr. Hopkins called to the chair. 

After some time the President resumed the chair, and Mr. Hop¬ 
kins reported that the committee had made progress in the matters re¬ 
ferred to them, but had no come to no conclusion thereupon. 

Mr. Smith, of Kanawha, moved that the Convention take up and 
consider a resolution offered by Mr. Stanard, on the 2lst June. 

Mr. Jacob moved that the Convention do adjourn, and being put to 
the Convention, the motion was rejected. 

The question being put upon the motion of Mr. Smith, it appeared 
that there was not a quorum of members voting. 

Afterwards, a quorum appearing, the motion of Mr. Smith was 
agreed to, and the resolution read as follows : 

“ Resolved\ That a committee of be appointed, whose duty it 

shall be to take into consideration the division of the state into judicial 
sections, districts and circuits, and report thereon.” 

Mr. Price moved to amend the resolution by substituting therefor 
the following : 

Resolved , That the judiciary committee be instructed to take into 
consideration the division of the State, as to judicial sections, districts, 
and circuits, and report thereon. 

Mr. Pendleton moved indefinitev to postpone the resolution and 
amendment, and upon this motion Mr. Letcher demanded the main 
question, which was ordered, and the motion of Mr. Pendleton re¬ 
jected—ayes 18, noes 53. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. Blue, Brown, Carlile, Edwards, Hays, Jacob, Jan- 
nev, Kilgore, Letcher, Morris, Neeson, Newman, Pendleton, Price, 
William Smith, Snowden, White, VVysor—18. 

INoes.—M essrs. John Y. Mason, (Pres’t.) Anderson, Armstrong, 
Arthur, Banks, Bland, Bowles, Camden, Dale Carter, John A. Carter, 
Chambers, Chambliss, Chilton, Cocke, Douglas, Ferguson, Finney, 


264 


Flood, Fulkerson, Fultz, Garland, Muscoe Gnrnett, Goode, Hill, Jas¬ 
per, Leake, Lucas, Lynch, Jefferson T. Martin, William Martin, Me¬ 
redith, Moore, Snoggin, Robert E. S~ott, Robert G. S^ott, Shell, Shef- 
fey, Benjamin H. Smith, Joseph Smith, Snodgrass, Southall, Stephen¬ 
son, Jas. E. Stewart, Summers, Tate, Taylor, Tredway, Trigg, Turn- 
bull, Van Winkle, Whittle, Tra Williams, Worsham—53. 

Mr. Prick’s amendment was then rejected by the Convention. 

Mr. Neeson moved to fill the blank in the resolution of Mr. Stan- 
ard with the number “ twenty Mr. Bi.uk moved to fill the blank 
with “ nine u Mr. Letcher. with “ twelve;” Mr. Carlile with 
“ fifteen.” 

The question was put upon adopting the motions of Messrs. 
Pseesrn and Blue, and they were respectively rejected, and the motion 
of Mr. Letcher, to fill the blank with the number “ twelve,” agreed to. 

The question was then put upon the resolution as amended, and was 
decided in the affirmative. 

On motion of Mr. Muscoe Garnett, the Convention then ad¬ 
journed. 


Monday, June 30, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. l)ogi»ett, of the Methodist church, the journal of Satur¬ 
day’s pioceedings was read and approved. 

Mr. Scott, of Fauquier, presented a copy of the proceedings of a 
public meeting of citizens of Fauquier county, upon the subject of the 
“ basis of representation.” 

Mr. Chilton presented a communication signed by sixty citizens of 
the county of Fauquier, advising against the re opening of the basis 
question. 

On motions respectively made, 

Ordered , That the said communications be laid upon the table. 

On motion of Mr. Blue, the Convention resolved itself into a com¬ 
mittee of the whole, upon the report of the legislative committee, Mr. 
Hopkins in the chair. 

After some time, the President resumed the chair, and Mr. Hopkins 
reported that the committee had made progress in the matters referred 
to them, but had come to no conclusion thereupon. 

The ho in of half past one o’clock having arrived the Convention 
took a recess until the hour of half past four o’clock. 

At the hour of half past four o’clock, the Convention again assem¬ 
bled, and Mr. Edwards proposed the following resolution : 

Resolved , That the order heretofore made for the Convention to take 
a recess from 1^ to 4^ o’clock, P. M , be and the same is hereby re¬ 
scinded. 

On motion of Mr. Faulkner, 

Ordered , That the said resolution be laid upon the table—Ayes 53, 
nces, 27. 

On motion of Mr. Edwards, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Banks, Bland, Blue, Bocock, 
Bowden, Brown, Burgess, Camden, Caperton, Dale Carter, John A. 
Carter, Chambliss, Deneale, Edmunds, Faulkner, Flood, Fulkerson, 
Fultz, Muscoe Garnett, Hall, Hays, Hill, Jacob, Jasper, Kenney, Kil- 



265 


goi'e, Leake, Lionberger, Lucas, Lynch, William Martin, Neeson, New¬ 
man, Pendleton, Petty, Price, Ridley, Robert G. Scott, Sheffey, A. R. 
Smithj Benjamin H. Smith, Joseph Smith, Snodgrass, Snowden, Ste¬ 
phenson, Summers, Tate, 'Trigg, Turnbull, Willey, Wysor—53. 

Noes —Messrs. JohnY. Mason, (Pres’t,) Arthur, Barbour, Braxton, 
Chambers, Douglas, Edwards, Finney, Garland, Goode, Hopkins, Jan- 
ney, Jones, Letcher, Jefferson T. Martin, Meredith, Moore, Purkins, 
Scoggin, Shell, William Smith, Jas. E. Stewart, Taylor, Wm. Watts, 
Whittle, Woolfolk, Worsham—27. 

On motion of Mr. Douglas, the Convention resolved itself into a 
committee of the whole upon the report of the legislative committee, 
Mr. Hopkins in the chair. 

After some time the President resumed the chair, and Mr. Hop¬ 
kins reported that the committee had made progress in the matters re¬ 
ferred to them, but had come to no conclusion thereupon. 

Mr. Scott, of Richmond city, presented amendments which he de¬ 
signed offering to the report of the committee on the legislative depart¬ 
ment, which, on his motion, were ordered to be laid upon the table and 
printed. 

On motion of Mr. Purkins, the Convention then adjourned. 


Tuesday, July 1, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Lee, of the Methodist church, the journal of yesterday’s 
proceedings was read and approved. 

On motion of Mr. Muscoe Garnett, the Convention resolved itself 
into a committee of the whole upon the report of the legislative com¬ 
mittee, Mr. Hopkins in the chair. 

After some time passed in committee, and the hour of half-past one 
o’clock arriving the committee rose, and the Convention took a recess 
till half past four o’clock. 

At half past four o’clock, the President resumed the chair, and 

Mr. Lynch presented copies of the proceedings of public meetings 
held respectively in the town of Lynchburg and the counties of Bed¬ 
ford and Campbell, upon the basis of representation, and the compro¬ 
mise recommended by the committee of eight, which, on his motion, 
were ordered to be laid upon the table. 

On motion of Mr. Edmunds, the Convention resolved itself into a 
committee of the whole upon the report of the committee on the legis¬ 
lative department, Mr. Hopkins in the chair. 

After some time the President resumed the chair and Mr. Hopkins 
reported that the committee had made progress in the matters to them 
referred, but had come to no conclusion thereupon. 

On motion of Mr. Carter, of Loudoun, the Convention adjourned. 


Wednesday, July 2, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Dibrell, of the Methodist church, the journal of yester¬ 
day’s proceedings was read and approved. 

Mr. Watts, of Norfolk county, submitted the following resolution : 
Resolved , That on and after to-morrow the 3d inst., the Convention 
34 




266 


will proceed to the consideration of the business reported by the com¬ 
mittee of the whole, until 12 o’clock, M., each day; and at that hour 
resolve itself into committee of the whole on business referred and yet 
unfinished. 

Mr. Hays moved to amend the resolution by substituting therefor the 
following : 

Resolved ', That the committee of the whole be discharged from the 
further consideration of all subjects referred to them. 

On motion of Mr. Strother, 

Ordered , That the said resolution and the amendment be laid upon 
the table—ayes 55, noes 41. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Mark Bird, Blue, Bocock, Bowles, Burgess, John A. Carter, Cham¬ 
bers, Chambliss, Conway, Cox, Davis, Douglas, Edmunds, Edwards, 
Finney, Flood, Fultz, Garland, Hall, Hopkins, Janney, Jasper, Jones, 
Kenney, Lsake, Ligon, McCandlish, Meredith, Miller, Morris, Price, 
Purkins, Ridley, Rives, Scoggin, Francis W. Scott, Robert G. Scott, 
Shell, Arthur R. Smith, Benjamin H. Smith, Stanard, Jas.E. Stewart, 
Strother, Archibald Stuart, Tredway, Turnbull, Wallace, Wm. Watts, 
Whittle, Ira Williams, Woolfolk—55. 

Noes —Messrs. Armstrong, Bland, Brown, Camden, Caperton, Dale 
Carter, Chapman, Chilton, Claiborne, Deneale, Faulkner, Floyd, Mus- 
coe Garnett, Hays, Hill, Hoge, Jacob, Kilgore, Letcher, Lionberger, 
Lucas, McComas, Jefferson T. Martin, Moore, Neeson, Newman, Pen- 
dletou, Petty, Seymour, Joseph Smith, William Smith, Snodgrass, 
Stephenson, Straughan, Summers, Tate, Trigg, Van Winkle, Samuel 
Watts, Worsham, Wysor—41. 

Mr. Muscoe Garnett submitted a motion that when the Conven¬ 
tion adjourn to-morrow evening, it adjourn to meet on Friday morning, 
the 5th of July, at 9 o’clock. 

Mr. Smith, of Jackson, moved to amend the resolution by striking 
out “ Friday morning the 5th,” and inserting in lieu thereof “ Mon¬ 
day morning the 9th.” 

On motion of Mr. Pendleton, 

Ordered , That the said resolution and amendment be laid upon the 
table. 

Mr. Chambers presented a copy of the proceedings of a public meet¬ 
ing of citizens of Mecklenburg, upon the subject of the “ basis of re¬ 
presentation and the compromise reported by the committee of eight,” 
which, on his motion, was ordered to be laid upon the table. 

The President announced the following committee on judicial 
sections, &c., Messrs. Stanard, Whittle, Letcher, Smith, of Kanawha, 
Floyd, Bird, of Shenandoah, Strother, Chambliss, Jacob, Hall, Lynch, 
Stewart, of Morgan. 

On motion of Mr. Pendleton, the Convention resolved itself into a 
committee of the whole upon the report of the legislative committee, 
Mr. Hopkins in the chair. 

After some time passed in committee of the whole, the hour of taking 
the recess arrived, and the committee rose. 

At half past four o’clock the President resumed the chair, and on 


267 


motion of Mr. Hays the Convention resolved itself into a committee of 
the whole upon the report of the committee on the legislative depart¬ 
ment, Mr. Hopkins in the chair. 

After some time the President resumed the chair, and Mr. Hop¬ 
kins reported that the committee had made progress in the matters re¬ 
ferred to them, but had come to no conclusion thereupon. 

Mr. Botts submitted a motion that when the Convention adjourn 
to-morrow evening, it adjourn to meet on Monday morning at 9 o’clock. 

Mr. Braxton moved to amend the resolution by striking out“ Mon¬ 
day morning at 9 o’clock,” and inserting u the first Monday in Decem¬ 
ber next,”—pending the consideration of which, 

On motion of Mr. Newman, the Convention adjourned. 

Thursday, July 3, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Lee, of the Methodist church, the journal of yesterday’s 
proceedings was read and approved. 

The President stated the unfinished business to be upon the adop¬ 
tion of an amendment proposed by Mr. Braxton to a resolution of Mr. 
Botts. 

Mr. Braxton by leave of the Convention withdrew his amendment, 
and Mr. Botts by like leave so modified his motion as to cause it to 
read u when the Convention adjourns this day, it adjourn to meet on 
Monday next.” 

Mr. Hopkins moved to amend the resolution by striking therefrom 
the word u Monday,” and inserting in lieu thereof the word ee Satur¬ 
day.” 

Mr. Anderson moved to lay the resolution and amendment upon 
the table, and the motion was rejected—ayes 36, noes 60. 

On motion of Mr. Lucas, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Arthur, Banks, Barbour, Bland, Blue, 
Brown, Carlile, Claiborne, Deneale, Edmunds, Faulkner, Fisher, 
Fultz, Muscoe R. H. Garnett, Jasper, Jones, Kenney, Kilgore., Leake, 
Lionberger, Lucas, Lynch, Morris, Neeson, Newman, Pendleton, Price, 
Ridley, Joseph Smith, Stephenson, Trigg, Turnbull, Whittle, Wise, 
Wysor—36. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Bocock, Botts, 
Bowles, Braxton, Burgess, Camden, Dale Carter, Chambers, Cham¬ 
bliss, Chapman, Chilton, Cocke, Cox, Davis, Douglas, Edwards, Fin¬ 
ney, Flood, Fuqua, Garland, Muscoe Garnett, Goode, Hall, Hill, Hop¬ 
kins, Jacob, Janney, Letcher, Ligon, McComas, William Martin, Mere¬ 
dith, Miller, Moore, Petty, Purkins, Rives, Scoggin, Francis W. Scott, 
Robert G. Scott, Seymour, Shell, B. H. Smith, Snodgrass, Southall, 
Stanard, Jas. E. Stewart, Srother. Archibald Stuart, Summers, Tate, 
Tredway, Van Winkle, Wallace, William Watts, Willey, Ira Williams, 
Woolfolk—60. 

The question recurring upon the amendment of Mr. Hopkins, Mr. 
Martin, of Henry called the previous question, which was ordered, 
and the amendment agreed to. 

The resolution as amended was then adopted. 

Mr. Martin, of Henry, presented a copy of the proceedings of a 
public meeting of citizens of Henry county, upon the subject of the 



268 


a basis of representation and the compromise reported by the commit¬ 
tee of eight/’ which, on his motion, was laid upon the table. 

Mr. Chilton submitted a motion, that the order of the Convention 
of Saturday last, providing for a daily recess of the Convention be re¬ 
scinded ; and on this Mr. Scoggin called the previous question, which 
was ordered, and the motion agreed to—ayes 60, noes 43. 

On motion of Mr. Blur, the vote was recorded as follows: 

Ayes —Messrs. John Y. Mason, (Pres’t,) Barbour, Mark Bird, Bo- 
cock, Botts, Bowles, Braxton, Camden, Carlile, Chambers, Chapman, 
Chilton, Cocke, Cox, Davis, Douglas, Edwards, Flood, Fuqua, Gar¬ 
land, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, Hop¬ 
kins, Janney, Letcher, Ligon, Lynch, McComas, Jefferson T. Martin, 
Meredith, Miller, Moore, Morris, Petty, Purkins, Ridley, Rives, Scog¬ 
gin, Francis W. Scott, Robert E. Scott, Robert G. Scott, Seymour, 
Shell, William Smith, Southall, Stanard, James E. Stewart, Strother, 
Archibald Stuart, Van Winkle, Wallace, William Watts, Whittle, Ira 
Williams, Wise, Woolfolk, Worsham—60. 

Noes —Messrs. Anderson, Armstrong, Arthur, Banks, Band, Blue, 
Brown, Burgess, Caperton, Dale Carter, Claiborne, Deneale, Ed¬ 
munds, Faulkner, Finney, Fisher, Fultz, Jacob, Jasper, Jones, Ken¬ 
ney, Kitgore, Leake, Lionberger, Lucas, Wm. Martin, Neeson, New¬ 
man, Pendleton, Price, Sheffey, Benjamin H. Smith, Joseph Smith, 
Snodgrass, Stephenson, Straughan, Summers, Tate, Tredway, Trigg, 
Turnbull, Willey, Wysor—43. 

Mr Letcher submitted the following resolution : 

Resolved , That the rule authorizing the ayes and noes to be taken 
in committee of the whole, be rescinded. 

Mr. Fisher moved to lay the same upon the table, and the motion 
was rejected. 

The question recurring upon the resolution, Mr. Letcher demand¬ 
ed the main question, which was ordered, and the lesolution adopted. 
Ayes 56, noes 45. 

On motion of Mr. Fisher, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Anderson, Armstrong, 
Barbour, Mark Bird, Blue, Bowles, Caperton, Chambers, Chapman, 
Chilton, Claiborne, Edwards, Faulkner, Finney, Floyd, Fuqua, Gar¬ 
land, Muscoe Garnett, Hill, Jacob, Janney, Jones, Leake, Letcher, 
Ligon, Meredith, Moore, Morris, Newman, Pendleton, Petty, Price, 
Parkins, Ridley, F. W. Scott, R. E. Scott, Robert G. Scott, Seymour, 
Benjamin XL Smith, Joseph Smith, William Smith, Snodgrass, Jas. 
E. Stewart, Archibald Stuart, Summers, Tate, Tredway, Trigg, Van 
Winkle, Wallace, William Watts, Willey, Ira Williams, Worsham, 
Wysor-—56. 

Noes —Messrs. Arthur, Banks, Bland, Bocock, Botts, Braxton, 
Brown, Burgess, Camden, Carlile, Dale Carter, Cocke,' Cox, Davis, 
Deneale, Douglas, Edmunds, Fisher, Flood, Fultz, Muscoe R. H. 
Garnett, Hall, Hopkins, Kenney, Kilgore, Lionberger, Lucas, Lynch, 
McComas, Jefferson T. Martin, William Martin, Miller, Neeson, Rives, 
Scoggin, Sheffey, Southall, Stanard, Stevenson, Straughan, Strother, 
Turnbull, Whittle, Wise, Woolfolk—45. 

Mr. Purkins submitted sundry amendments which he designed of- 



269 


fering to the report of the committee on education, which, on his mo¬ 
tion, were ordered to be laid upon the table and printed. 

On motion of Mr. Carlile, the Convention resolved itself into a 
committee of the whole Convention upon the report of the committee 
on the legislative department, Mr. Hopkins in the chair. 

After some time the President resumed the chair, and Mr. Hopkins 
reported, that according to order the committee had had under con¬ 
sideration the matters referred to them, but had come to no conclusion 
thereupon. 

Mr. Woolfolk submitted the following resolution : 

Resolved ,, That the rule adopted on the 30th day of April, limiting 
the debate in committee of the whole to one hour, be suspended dur¬ 
ing the consideration of the questions of u taxation and limitations.” 

Pending the consideration of the said resolution, 

On motion of Mr. Bocock, the Convention adjourned. 


Saturday, July 5, 1851. 

The Convention met pursuant to adjournment, and the journal of 
Thursday’s proceedings was read and approved. 

On motion of Mr. Goode, the Convention agreed to take a recess 
until twelve o’clock, to afford the members an opportunity of attending 
the funeral of Mrs. Henningham Lyons, the wife of James Lyons, 
Esq., a member of this body. 

At twelve o’clock the Convention again assembled, and the Presi¬ 
dent stated the question to be upon the adoption of a resolution pro¬ 
posed by Mr. Woolfolk on Thursday last—whereupon Mr. Wool- 
folk, by leave of the Convention, withdrew his said resolution. 

On motion of Mr. Claiborne, the Convention resolved itself into a 
committee of the whole, upon the report of the committee on the legis¬ 
lative department of the government, Mr. Hopkins in the chair. 

After some time the President resumed the chair, and Mr. Hopkins 
reported that the committee had made progress in the matters referred 
to them, but had come to no conclusion thereupon. 

Mr. Ferguson submitted an amendment which he designed offering 
to the report of the legislative committee, which, upon his motion, was 
ordered to be laid upon the table and printed. 

Mr. Van Winkle submitted an amendment to the same report, which 
was likewise ordered to be laid upon the table and printed. 

On motion of Mr. Whittle, 

Ordered , That an amendment offered to-day in committee of the 
whole by Mr. Faulkner, be printed for the use of the Convention. 

On motion of Mr. Scoggin, the Convention adjourned. 


Monday, July Tth, 1851. 

The Convention met pursuant to adjournment, and the journal of 
Saturday’s proceedings was read and approved. 

Mr. Carlile presented sundry amendments which he designed of¬ 
fering to the report of the legislative committee, which, on his motion, 
where ordered to be laid upon the table and printed. 

On motion of Stuart, of Patrick, the Convention resolved itself in- 




270 


to a committee of the whole upon the report of the legislative com¬ 
mittee, Mr. Hopkins in the chair. 

After some time, the President resumed the chair, and Mr. Hop¬ 
kins reported that the committee had made progress in the matters re¬ 
ferred to them but had come to no conclusion thereupon. 

Mr. Anderson presented an amendment which he designed offering 
to the report of the committee on the legislative department, which, on 
his motion, was ordered to he laid upon the table and printed. 

On motion of Mr. Straughan, the Convention then adjourned. 

Tuesday, July 8, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Norwood, of the Episcopal church, the journal of yes¬ 
terday’s proceedings was read and approved. 

On motion of Mr. Ridley, the Convention resolved itself into a 
committee of the whole upon the report of the committee on the legis¬ 
lative department of the government, Mr. Hopkins in the chair. 

After some time, the President resumed the chair, and Mr. Hop¬ 
kins reported that the committee had made progress in the matters 
referred to them, but had come to no conclusion thereupon. 

On motion of Mr. Goode, 

Ordered , That sundry amendments adopted to-day by the commit¬ 
tee of the whole, be printed for the use of the Convention. 

On motion of Mr. Wise, the Convention then adjourned—ayes 56, 
noes 33. 

On motion of Mr. Claiborne, the vote was recorded as follows : 

Ayes— Messrs. Armstrong, Barbour, Mark Bird, Bland, Bocock, 
Botts, Bowles, Braxton, Brown, Burgess, John A. Carter, Conway, 
Deneale, Douglas, Edmunds, Finney, Flood, Floyd, Fuqua, Garland, 
Hall, Hill, Hopkins, Johnson, Kenney, Letcher, Ligon, Lucas, Lynch, 
McCandlish, Meredith, Morris, Neeson, Purldns, Scoggin, Robert E. 
Scott, Robert G. Scott, Shell, Sheffey, Arthur R. Smith, James Smith, 
William Smith, Southall, Stanard, Strother, Summers, Taylor, Wal¬ 
lace, Samuel Watts, William Watts, Whittle, Willey, Ira Williams, 
Wise, Worsham, Wysor—56. 

Noes —Messrs. Anderson, Bowden, R. E. Byrd, Camden, Carlile, 
Chilton, Claiborne, Cox, Edwards, Faulkner, Ferguson, Fulkerson, 
Fultz, Gaily, M. Garnett, Hays, Hunter, Jacob, Jasper, Kilgore, Leake, 
Jefferson T. Martin, Newman, Pendleton, Petty, Benjamin H. Smith, 
Joseph Smith, Snodgrass, Stephenson, Tredway, Trigg, Turnbull, 
Yan Winkle—33. 


Wednesday, July 9, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Early, of the Methodist church, the journal of yesterday’s 
proceedings was read and approved. 

Mr. Randolph presented a copy of the proceedings of a public 
meeting of citizens of Albemarle county, upon the subject of the ba¬ 
sis of representation, which, upon his motion, was ordered to be laid 
upon the table. 

Mr. Wingfield submitted a motion to suspend the 8th rule adopted 
by the Convention, to enable him to move a reconsideration of the vote 




271 


of the Convention of the 21st of May last, agreeing with the report of 
the committee of the whole as amended. 

The above motion being under consideration, Mr. Miller demand¬ 
ed the main question, and it was ordered by the Convention— ayes 80, 
noes 33. 

On motion of Mr. Scoggin, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Arthur, Banks, Mark Bird, 
Blue, Botts, Bowden, Brown, Burgess, Richard E. Byrd, Camden, 
Caperton, Carlile, Dale Carter, John A. Carter, Chilton, Claiborne, 
Davis, Deneale, Edwards, Faulkner, Ferguson, Finney, Floyd, Ful¬ 
kerson, Fultz, Gaily, Garland, Muscoe Garnett, Hall, Hays, Hoge, 
Hopkins, Hunter, Jacob, Jasper, Johnson, Kenney, Kilgore, Knote, 
Letcher, Ligon, Lucas, Lynch, McCandlish, McComas, Jefferson T. 
Martin, William Martin, Miller, Moore, Murphy, Neeson, Newman, 
Pendleton, Petty, Price, Randolph, Saunders, Seymour, Shell, Sheffey, 
Arthur R. Smith, Benjamin H. Smith, James Smith, Joseph Smith, 
William Smith, Snodgrass, Stephenson, Jas. E. Stewart, Archibald 
Stuart, Summers, Tate, Trigg, Tunis, Yan Winkle, Samuel Watts, 
White, Wingfield, Worsham, Wysor—80. 

Noes —Messrs. John Y. Mason, (Pres’t,) Barbour, Bocock, Bowles, 
Braxton, Chambliss, Conway, Cox, Douglas, Edmunds, Fuqua, Goode, 
Jones, Leake, Morris, Purkins, Ridley, Rives, Scoggin, Robt. E. Scott, 
Robert G. Scott, Snowden, Southall, Stanard, Strother, Taylor, Tred- 
way, Turnbull, Wallace, Whittle, Ira Williams, Wise, Woolfolk—33. 

The question then recurred upon the motion of Mr. Wingfield, and 
was decided in the affirmative—ayes 62, noes 57. 

On motion of Mr. Anderson, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Bocock, Botts, Bowles, Braxton, Burgess, Chambliss, Claiborne, Con¬ 
way, Cox, Davis, Douglas, Edmunds, Edwards, Finney, Fisher, 
Flood, Fuqua, Garland, Muscoe Garnett, Goode, Hall, Hopkins, Jasper, 
Jones, Leake, Ligon, Lynch, Lyons, McCandlish, Meredith, Morris, 
Petty, Purkins, Randolph, Ridley, Rives, Saunders, Scoggin, Robert 
E. Scott, Robert G. Scott, Shell, Arthur R. Smith, James Smith, Snow¬ 
den, Southall, Stanard, Strother, Taylor, Tredway, Tunis, Turnbull, 
Wallace, Samuel Watts, Whittle, Ira Williams, Wingfield, Woolfolk, 
Worsham—62. 

Noes —Messrs. Anderson, Armstrong, Mark Bird, Bland, Blue, Bow¬ 
den, Brown, R. E. Byrd, Camden, Caperton, Carlile, Dale Carter, J. A, 
Carter, Chilton, Faulkner, Ferguson, Floyd, Fulkerson, Fultz, Gaily, 
Hays, Hoge, Hunter, Jacob, Johnson, Kenney, Kilgore,Knote, Letcher, 
Lucas, McComas, Jefferson T. Martin, William Martin, Miller, Moore, 
Murphy, Neeson, Newman, Pendleton, Price, Seymour, Sheffey, Benj. 
H. Smith, Joseph Smith, William Smith, Snodgrass, Stephenson, 
Jas. E. Stewart, Archibald Stuart, Summers, Tate, Trigg, Yan Winkle, 
William Watts, White, Wise, Wysor—57. 

Mr. Wingfield then submitted a motion, that the vote of the Con¬ 
vention, of the 21st of May last, agreeing with the report of the com¬ 
mittee of the whole, on the basis of representation, as amended, be re¬ 
considered. 

The said motion being under consideration, Mr. Carlile demanded 




272 


the main question, and it was ordered by the Convention—ayes 69, 
noes 52. 

On motion of Mr. Scott, of Richmond city, the vote was recorded 
as follows : 

Ayes —Messrs. Anderson, Armstrong, Arthur, Banks, Mark Bird, 
Bland, Blue, Botts, Bowden, Brown, Richard E. Byrd, Camden, Ca- 
perton, Garble, Dale Carter, John A. Carter, Chilton, Claiborne, Da¬ 
vis, Deneale, Edwards, Faulkner, Ferguson, Finney, Fisher, Floyd, 
Fulkerson, Fultz, Gaily, Muscoe Garnett, Hays, Hoge, Hopkins, Hun¬ 
ter, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lucas, McCo- 
mas, Jefferson T. Martin, W. Martin, Miller, Moore, Murphy, Neeson, 
Newman, Pendleton, Price, Seymour, Sheffey, Benjamin H. Smith, 
Joseph Smith, William Smith, Snodgrass, Stephenson, James E. Stew¬ 
art, Archibald Stuart, Summers, Tate, Trigg, Van Winkle, William 
Watts, Write, Wingfield, Wise, Wysor—69. 

Noes —Messrs. John Y. Mason, (Pres’t,) Barbour, Bocock, Bowles, 
Burgess, Chambliss, Conway, Cox, Douglas, Edmunds, Flood, Fu¬ 
qua, Garland, Goode, Hall, Hill, Jasper, Jones, Leake, Ligon, Lynch, 
Lyons, McCandlish, Meredith, Morris, Petty, Purkins, Randolph, Rid¬ 
ley, Rives, Saunders, Scoggin, Robert E. Scott, Rob’t G. Scott, Shell, 
Arthur R. Smith, James Smith, Snowden, Southall, Stanard, Strother, 
Taylor, Tredway, Tunis, Turnbull, Wallace, Samuel Watts, Whittle, 
Ira Williams, Woolfolk, Worsham—52. 

The question was then propounded upon the motion of Mr. Wing¬ 
field, and was decided in the negative—ayes 59, noes 62. 

On motion of Mr. Trigg, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Bocock, Bowles, Braxton, Burgess, Chambliss, Conway, Cox, Davis, 
Douglas, Edmunds, Edwards, Finney, Flood, Fuqua, Garland, M. 
Garnett,Goode,Hall,Hill,Hopkins, Jasper, Jones, Leake,Ligon,Lynch, 
Lyons, McCandlish, Meredith, Morris, Petty, Purkins, Ridley, Rives, 
Saunders, Scoggin, Robert E. Scott, Robert G. Scott, Shell, Arthur 
R. Smith, James Smith, Snowden, Southall, Stanard, Strother, Tay¬ 
lor, Tredway, Tunis, Turnbull, Wallace, Samuel Watts, Whittle, Ira 
Williams, Wingfield, Woolfolk, Worsham—59. 

Noes —Messrs. Anderson, Armstrong, Mark Bird, Bland, Blue, 
Botts, Bowden, Brown, Richard E. Byrd, Camden, Caperton, Carlile, 
Dale Carter, John A. Carter, Chilton, Claiborne, Deneale, Faulkner, 
Ferguson, Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, Hun¬ 
ter, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lucas, McCo- 
mas, Jefferson T. Martin, William Martin, Miller, Moore, Murphy, 
Neesoii, Newman, Pendleton, Price, Randolph, Seymour, Sheffey, B. 
H. Smith, Joseph Smith, William Smith, Snodgrass, Stephenson, 
Jas. E. Stewart, Archibald Stuart, Summers, Tate, Trigg, Van Win¬ 
kle, William Watts, White, Wise, Wysor—62. 

Mr. Letcher submitted the following resolution : 

Resolved , That all further debate in committee of the whole on the 
legislative report, do cease at half after one o’clock this day, and that 
the committee proceed to vote upon all such amendments as have been, 
or may be proposed to said report. 

Mr. Taylor moved to lay the said resolution upon the table, and 
the motion was rejected. Ayes 54, noes 62. 


273 


On motion of Mr. Taylor, the vote was recorded as follows: 

Ayes —Messrs. Arthur, Bocock, Botts, Bowles, Braxton, Burgess, 
Chambers, Chambliss, Conway, Davis, Douglas, Edmunds, Edwards, 
Fisher, Flood, Fuqua, Goode, Hall, Hill, Hopkins, Jasper, Jones, 
Lynch, Lyons, McCandlish, J. T. Martin, Meredith, Miller, Moore, 
Morris, Purkins, Ridley, Rives, Saunders, Scoggin, Robert E. Scott, 
Robert G. Scott, Seymour, Arthur R. Smith, Tames Smith, Stanard, 
Strother, Archibald Stuart, Taylor, Tunis, Van Winkle, Wallace, S. 
Watts, William Watts, Whittle, Ira Williams, Wingfield, Wise, Wor¬ 
sham—54. 

Noes— Messrs. Anderson, Armstrong, Banks, Barbour, Bland, Blue, 
Bowden, Brown, Richard E. Byrd, Camden, Caperton, Carlile, Dale 
Carter, John A. Carter, Chilton, Claiborne, Deneale, Faulkner, 
Ferguson, Finney, Floyd, Fulkerson, Fultz, Gaily, Garland, Mus- 
coe Garnett, Hays, Hoge, Hunter, Jacob, Johnson, Kenney, Kilgore, 
Leake, Letcher, Ligon, Lionberger, Lucas, McComas, William Martin, 
Murphy, Neeson, Newman, Pendleton, Petty, Randolph, Shell, Shef- 
fey, Benjamin H. Smith, Joseph Smith, William Smith, Snodgrass, 
Snowden, Southall, Stephenson, Jas. E. Stewart, Summers, Tate, 
Trigg, Turnbull, Willey, Wysor—62. 

The question recurring upon the resolution of Mr. Letcher, Mr. 
Ferguson demanded the main question, which was ordered, and the 
resolution agreed to—ayes 61, noes 54. 

On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Arthur, Banks, Barbour, 
Bland, Blue, Bowden, Brown, Camden, Carlile, Dale Carter, Clai¬ 
borne, Deneale, Edwards, Faulkner, Ferguson, Finney, Flood, Floyd, 
Fulkerson, Fultz, Gaily, Garland, Muscoe Garnett, Hays, Hoge, Hun¬ 
ter, Jacob, Johnson, Kenney, Kilgore, Leake, Letcher, Ligon, Lionber¬ 
ger, Lucas, McComas, William Martin, Murphy, Neeson, Newman, 
Pendleton, Petty, Randolph, Shell, Benjamin H. Smith, Jos. Smith, 
William Smith, Snodgrass, Snowden, Stephenson, Jas. E. Stewart, 
Summers, Tate, Tredway, Trigg, Turnbull, White, Willey, Wysor— 
61. 

Noes —Messrs. John Y. Mason, (Pres’t,) Mark Bird, Bocock, Botts, 
Bowles, Braxton, Burgess, R. E. Byrd, John A. Carter, Chambers, 
Chambliss, Chilton, Conway, Davis, Douglas, Edmunds, Fisher, Fu¬ 
qua, Goode, Hall, Hill, Hopkins, Jasper, Jones, Lynch, McCandlish, J. 
T. Martin, Meredith, Miller, Moore, Morris, Ridley, Rives, Saunders, 
Scoggins, Robert E. Scott, Robert G. Scott, Seymour, A. R. Smith, 
James Smith, Southall, Stanard, Strother, Archibald Stuart, Taylor, 
Tunis, Van Winkle, Wallace, Samuel Watts, William Watts, Whittle, 
Wingfield, Wise, Worsham—54. 

On motion of Mr. Carlile, the Convention resolved itself into a 
committee of the whole upon the report of the committee on the legis¬ 
lative department of the government, Mr. Hopkins in the chair. 

After some time the President resumed the chair, and Mr. Hopkins 
reported that the committee had had under consideration the matters 
referred to them, and had made progress therein, but had come to no 
conclusion thereupon. 

Mr. Scott, of Richmond city, presented an amendment which he 
35 


274 


designed offering to the report of the legislative committee, which, on 
his motion, was ordered to be laid upon the table and printed. 

On motion of Mr. Miller, the Convention then adjourned. 


Thursday, July 10, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Dr. Early, of the Methodist church, the journal of yesterday’s 
proceedings was read and approved. 

Mr. Pendleton submitted a motion that the Convention resolve it¬ 
self into a committee of the whole upon the report of the legislative 
committee. 

The question being submitted, was decided in the affirmative—ayes 
64, noes 37. 

On motion of Mr. Stanard the vote was recorded as follows : 

Ayes— Messrs. Anderson, Armstrong, Arthur, Banks, Barbour, Blue, 
Bowden, Brown, Burgess, Camden, Caperton, Carlile, Dale Carter, 
Claiborne, Deneale, Edmunds, Edwards, Faulkner, Ferguson, Fin¬ 
ney, Fulkerson, Fultz, Garland, Muscoe Garnett, Hays, Hoge, Hun¬ 
ter, Jacob, Jasper, Johnson, Kenney, Kilgore, Knote, Leake, Letcher, 
Ligon, Lionberger, Lucas, McCandlish, Jefferson T. Martin, William 
Martin, Murphy, Neeson, Newman, Pendleton, Petty, Randolph, Shell, 
Sheffey, Benjamin H. Smith, Joseph Smith, William Smith, Snod¬ 
grass, Snowden, Stephenson, Jas. E. Stewart, Tate, Trigg, Tunis, 
Turnbull, Samuel Watts, William Watts, Willey, Wysor—64. 

Noes—M essrs. John Y. Mason, (Pres’t,) Beale, Mark Bird, Bland, 
Bowles, Braxton, Richard E. Byrd, Chambers, Chilton, Conway, 
Douglass, Fuqua, Goode, Hall, Hill, Hopkins, Jones, Lynch, Mere¬ 
dith, Miller, Morris, Rives, Scoggin, Robert G. Scott, Seymour, James 
Smith, Stanard, Strother, Archibald Stuart, Summers, Taylor, Yan 
Winkle, Wallace, Whittle, Wingfield, Woolfolk, Worsham—37. 

Mr. Hopkins was called to the chair, and after some time passed in 
committee, the President resumed the chair, and Mr. Hopkins report¬ 
ed that the committee had had under consideration the matters to them 
referred, and had made progress therein, but had come to no conclu¬ 
sion thereupon. 

Mr. Carlile presented the following resolution : 

Resolved, That the committee of the whole be instructed to report to 
the Convention all the subjects which have heretofore been referred to 
it, with its action thereon ; and that from this day the Convention will 
proceed to the consideration of the subjects now before it, and the Con¬ 
vention. 

The said resolution being under consideration, Mr. Claiborne de¬ 
manded the main question, which was ordered, and the resolution re¬ 
jected—ayes 39, noes 74. 

On motion of Mr. Carlile the vote was recorded as follows : 

Ayes —Messrs. Banks, Barbour, Beale, Bowden, Brown, Carlile, 
Claiborne, Deneale, Edmunds, Ferguson, Finney, Floyd, Fulkerson, 
Fultz, Muscoe Garnett, Hays, Hoge, Hunter, Johnson, Kilgore, Leake, 
Letcher, Lionberger, Lucas, William Martin, Murphy, Newman, Pen¬ 
dleton, Petty, Purkins, Randolph, W. Smith, Snodgrass, Snowden, 
Stephenson, Tredway, Trigg, Turnbull, Wysor—39. 

Noes —Messrs. Anderson, Armstrong, Arthur, Mark Bird, Bland, 



275 


Blue, Bocock, Botts, Bowles, Braxton, Burgess, Camden, Caperton, 
Dale Carter, John A. Carter, Chambers, Conway, Cox, Davis, Doug¬ 
las, Edwards, Faulkner, Flood, Fuqua, Gaily, Garland, Goode, Hall, 
Hill, Hopkins, Jacob, Jasper, Jones, Kenney, Knote, Ligon, Lynch, 
Lyons, McCandlish, Jefferson T. Martin, Meredith, Miller, Moore, 
Morris, Neeson, Price, Rives, Sc ggin, Rebert G. Scott, Shell, Sheffey, 
Arthur R. Smith, Benjamin H. Smith, James Smith, Joseph Smith, 
Southall, Stanard, Jas. E. Stewart, Archibald Stuart, Summers, Tate, 
Taylor, Van Winkle, Wallace. S. Watts, Wm. Watts, White, YVhittle, 
Willey, Ira Williams, Wingfield, Wise, Woolfolk, Worsham—74. 

Mr. Summers submitted the following resolution : 

Resolved , That the resolution adopted yesterday, terminating all fur¬ 
ther debate in committee of the whole on the legislative report, be and 
the same is hereby so modified, as to allow any member to speak not 
more than ten minutes, in explanation of said report or any amend¬ 
ment thereto. 

Mr. Letcher moved to amend the said resolution by striking there¬ 
from the word “ ten,” and inserting in lieu thereof the word “ five.” 

The said amendment being submitted to the Convention, was re¬ 
jected. 

Mr. Carlile moved to amend the resolution by adding thereto the 
following : 

“ And that the ayes and noes may be called in committee of the 
whole in like manner as in Convention.” 

The question being put upon the said amendment, was decided in 
the negative. 

The question recurring upon the resolution of Mr. Summers, Mr. 
Stanard demanded the main question, and was sustained, and the 
resolution of Mr. Summers adopted. 

On motion of Mr. Price, the Convention resolved itself into a com¬ 
mittee of the whole upon the report of the legislative committee, Mr. 
Hopkins in the chair. 

After some time the President resumed the chair, and Mr. Hopkins 
reported that the committee had made progress in the matters referred 
to them, but had come to no conclusion thereupon. 

Mr. Lyons submitted an amendment which he designed offering to 
the report of the legislative committee, which, on his motion, was 
ordered to be laid upon the table and printed. 

Mr. Carlile submitted the following resolution : 

Resolved , That the 33d rule be rescinded, and the following rule 
adopted in lieu thereof: 

On a motion, or call for the previous question there shall be no de¬ 
bate, but unless sustained by twenty members, indicated by rising, the 
President shall not put it to the vote ; but if so sustained the previous 
question shall be put immediately, and all incidental questions of order, 
arising after a motion is made for the previous question, and pending 
the motion, shall be decided, whether an appeal or otherwise, without 
debate. 

Mr. Sheffey moved to lay the said resolution upon the table j pend¬ 
ing the consideration of which, 

On motion of Mr. Carlile, the Convention adjourned. 


276 


Friday, July 11, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Early, of the Methodist church, after which 
the journal of yesterday was read and approved. 

The President stated the unfinished business to be upon the mo¬ 
tion of Mr. Sheffey to lay the resolution of Mr. Carlile upon the 
table. 

The said motion being submitted to the Convention was rejected. 

The question recurring upon the adoption of the resolution of Mr. 
Carlile, Mr. Purkins demanded the main question, which was or¬ 
dered, and the resolution agreed to. 

On motion of Mr. Brown, 

Resolved , That a committee of five be appointed, to prepare and re¬ 
port to the Convention a schedule to append to the new constitution, 
if, in their opinion, one be necessary. 

On motion of Mr. Miller, the Convention resolved itself into a 
committee of the whole upon the report of the legislative committee, 
Mr. Hopkins in the chair. 

After some time the President resumed the chair, and Mr. Hop¬ 
kins reported that the committee had made progress in the matters re¬ 
ferred to them, but had come to no conclusion thereupon. 

On motion of Mr. Hopkins, the Convention adjourned. 

Saturday, July 12, 1851. 

The Convention met pursuant to adjournment, and the journal of 
yesterday’s proceedings was read and approved. 

Mr. Price submitted the following resolution, which was adopted : 

Resolved , That the committee of the whole be directed to report 
forthwith to the Convention, the report of the legislative committee to 
it referred, with the amendments thereto, and that the committee of the 
whole be discharged from the further consideration of all other subjects 
to it referred. 

Mr. Carlile submitted the following resolution ; 

Resolved, That no member shall speak more than once, nor longer 
than ten minutes, in Convention, upon the same subject. 

The said resolution being submitted to the Convention was adop¬ 
ted—ayes 59, noes 47. 

On motion of Mr. Lyons, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Arthur, Banks, Beale, Bland, Blue, 
Brown, Camden, Caperton, Carlile, Dale Carter, Chambers, Chapman, 
Deneale, Edmunds, Edwards, Faulkner, Flood, Fulkerson, Fultz, 
Gaily, Garland, Muscoe Garnett, Hall, Hays, Hill, Hoge, Hunter, Ja¬ 
cob, Johnson, Kenney, Kilgore, Leake, Letcher, Ligon, Lionberger, 
Lucas, McCandlish, William Martin, Miller, Moore, Murphy, Neeson, 
Newman, Pendleton, Randolph, Shell, Benjamin H. Smith, Joseph 
Smith, William Smith, Snodgrass, Snowden, Stephenson, Jas. E. 
Stewart, Tate, Tunis, Turnbull, Samuel Watts, Williams—59. 

Noes —Messrs. John Y. Mason, (Pres’t,) M. Bird, Bocock, Bowles, 
Braxton, Burgess, Rich’d E. Byrd, Chambliss, Chilton, Cocke, Doug¬ 
las, Fisher, Fuqua, Muscoe R. H. Garnett, Goode, Hopkins, Jones, 
Knote, Lyons, Jefferson T. Martin, Morris, Price, Purkins, Ridley, 
Rives, Scoggin, Robert E. Scott, Robert G. Scott, Sheffey, Arthur R. 



277 


Smith, James Smith, Southall, Stanard, Archibald Stuart, Summers, 
Taylor, Van Winkle, Wallace, William Watts, White, Whittle, Willey, 
Ira Williams, Wingfield, Wise, Worsham, Wysor—47. 

Mr. Ligon presented sundry communications from citizens of Nelson 
county, conveying instructions to the delegates from that district upon 
the question of the basis of representation, which, on his motion, were 
ordered to be laid upon the table. 

Mr. Scott, of Fauquier, submitted a plan for the organization of 
the judicial department, which, upon his motion, was ordered to be 
laid upon the table and printed. 

Mr. Sheffey submitted the following resolution, which, upon his 
motion, was ordered to be laid upon the table : 

Resolved ', That a committee shall be appointed to whom shall be 
referred, for revision and proper arrangement, the articles of the con¬ 
stitution, after they shall have been read in Convention a second time, 
and said committee shall report the constitution, so revised and ar¬ 
ranged, to the Convention, and shall, after the same shall have been 
ordered to be engrossed, superintend its engrossment: and the final 
question shall be “ shall this constitution pass?” 

On motion of Mr. Lyons, 

Ordered ', That Mr. Anderson be excused from further service upon 
the committee on apportionment; and the President appointed Mr. 
Watts, of Roanoke, to supply the vacancy thus created. 

On motion of Mr. Sheffey, 

Resolved , That the secretary of this Convention certify to the Audi¬ 
tor of public accounts for payment, a claim in favor of John A. Belvin, 
for sixteen dollars, for writing table and use of chairs furnished for the 
legislative committee. 

On motion of Mr. Price, the Convention resolved itself into a com¬ 
mittee of the whole upon the report of the legislative committee, Mr. 
Hopkins in the chair. 

After some time the President resumed the chair, and Mr. Hopkins 
reported that the committee had had under consideration the matters 
to them referred, and had directed him to report sundry amendments to 
the said report. 

On motion of Mr. Price, 

Ordered , That the said report and amendments be laid upon the 
table, and that each be printed separately, so as to exhibit the original 
report and the amendments in proper order. 

On motion of Mr. Lyons, leave was granted to the committee on ap¬ 
portionment, to sit during the sittings of the convention. 

On motion of :V!r. Price, the convention agreed to take up and con¬ 
sider the report of the committee of the whole upon the bill of rights. 

The said report was read as follows : 

The committee of the whole Convention have, according to order, 
had under consideration the bill of rights, and have agreed to recom¬ 
mend to the Convention the adoption of the following amendments to 
that instrument: 

First , To strike out the first two lines and part of the third, down 
to the word “ first ” inclusive, in the 5th article, and insert in lieu 
thereof the following : 


278 


“That the legislative, executive, and judicial powers of the State 
should be separate and distinct, and that the members thereof.” 

Second , To strike out the first line of the 6 section, and the 2d down 
to “assembly” inclusive, and insert in lieu thereof the words “ that all 
elections . ’ ’ 

Third , In the 11th section, and 2d line, after the word “jury,” in¬ 
sert “of twelve men .” 

Fourth, In the 11th section and 3d line, strike out the words “ought 
to,” and insert the word “ shall .” 

The question was first propounded upon agreeing with the commit¬ 
tee in their first amendment, and Mr. Scott, of Fauquier, demanded 
a division of the question, and it was first taken upon striking out the 
words indicated in the report of the committee of the whole, and de¬ 
cided in the affirmative—ayes 60, noes 59. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Arthur, M. Bird, Beale, Bland, Bowden, 
Brown,Burgess, Caperton,Dale Carter, Chambers, Chapman, Cox, De- 
neale, Edwards, Ferguson, Finney, Fisher, Flood, Floyd, Fulkerson, 
Fultz, Fuqua, Gaily, Garland, Hays, Hoge, Hopkins, Jacob, Kenney, 
Kilgore, Knote, Letcher, Ligon, Lionberger, McComas, J. T. Martin, 
Murphy, Neesnn, Newman, Purkins, Randolph, Rives, Rob’t G. Scott, 
Sheffey, Joseph Smith, William Smith, Snodgrass, Southall, Stephen¬ 
son, Jas. E. Stewart, A. Stuart, Tate, Trigg, Van Winkle, Wallace, 
Willey, Samuel C. Williams, Wise—60. 

Noes— Messrs. John Y. Mason, (Pres’t,) Banks, Blue, Bocock, 
Bowles, Braxton, Richard E. Byrd, Camden, Carlile, John A. Carter, 
Chambliss, Chilton, Cocke, Conway, Douglass, Edmunds, Faulkner, 
Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, Hunter, 
Johnson, Jones, Leake, Lucas, Lyons, McCandlish, William Martin, 
Meredith, Miller, Moore, Morris, Pendleton, Price, Ridley, Scoggin, 
Francis W. Scott, Robert E. Scott, Seymour, Shell, Arthur R. Smith, 
Benjamin H. Smith, James Smith, Snowden, Stanard, Summers, Tay¬ 
lor, Tunis, Turnbull, Samuel Watts, William Watts, White, Whittle, 
Ira Williams, Wingfield, Worsham, Wysor—59. 

Mr. Scott, of Fauquier, moved to amend the amendment of the 
committee of the whole, by striking therefrom the word “ thereof,” 
and inserting in lieu thereof the words “of the two first j” and the 
motion was decided in the negative. 

Mr. Trigg moved to amend the amendment, by striking out the 
same and inserting in lieu thereof the following : 

“ That the legislative, executive and judicial powers should be sep¬ 
arate and distinct from each other, and that the members of the two 
first.” 

A division being demanded, the question was first taken upon strik¬ 
ing out the amendment of the committee, and was decided in the neg¬ 
ative—ayes 41, noes 70. 

On motion of Mr. Taylor, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Bocock, Bowles, Braxton, 
Richard E. Byrd, John A. Carter, Chilton, Conway, Faulkner, Mus¬ 
coe R. H. Garnett, Goode, Hall, Hill, Jones, Leake, William Martin, 
Meredith, Miller, Morris, Pendleton, Ridley, Scoggin, F. W. Scott, R. 
E. Scott, Seymour, Shell, Arthur R. Smith, James Smith, Snow- 


279 


s den, Stanard, Summers, Taylor, Trigg, Tunis, Turnbull, Samuel 
Watts, William Watts, Whittle, Wingfield, Worsham—41. 

Noes —Messrs. Armstrong. Arthur, Banks, Mark Bird, Bland, Blue, 
Butts, Bowden, Brown, Burgess, Caruden, Caperton, Carlile, Dale 
Carter, Chambers, Chambliss, Chapman, Cocke, Cox, I>eneale, Doug¬ 
las, Edwards, Ferguson, Finney, Fisher, Flood, Floyd, Fulkerson, 
Fultz, Fuqua, Gaily, Garland, Muscoe Garnett, Hays, Hoge, Hopkins, 
Hunter, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon,Li- 
onberger, Lucas, McCandlish, McComas, Jefferson T. Martin, Moore, 
Murphy, Neeson, Newman, Purkins, Randolph, Rives, Robert G. 
Scott, Joseph Smith, William Smith, Snodgrass, Southall, Stephen¬ 
son, James E. Stewart, Archibald Stuart, Tate, Wallace, Willey, 
Samuel C. Williams, Wise, Woolfolk—70. 

Mr. Carlile moved to amend the amendment by inserting after the 
word “ legislative” the word “ and,” and the motion was rejected. 

The question was then put upon agreeing with the committee of the 
whole, in their first amendment, and was decided in the affirmative— 
ayes 70, noes43. 

On motion of Mr. Taylor, the vote was recorded as follows : 

Ayes— Messrs. Armstrong, Arthur, Banks, Beale, Mark Bird, Bland, 
Blue, Botts, Bowden, Brown, Burgess, Camden, Caperton, Dale Car¬ 
ter, Chambers, Chambliss, Chapman, Cocke, Cox, Deneale, Edwards, 
Ferguson, Finney, Fisher, Flood, Floyd, Fulkerson, Fultz, Fuqua, 
Gaily, Garland, Muscoe Garnett, Hays, Hoge, Hopkins, Hunter, Ja¬ 
cob, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, Lionberger, 
s Lucas, McCandlish, McComas, Jefferson T. Martin, Moore, Murphy, 
Neeson, Newman, Purkins, Randolph, Rives, Robert G. Scott, Joseph 
Smith, William Smith, Snodgrass, Southall, Stephenson, James E. 
Stewart, Archibald Stuart, Tate, Van Winkle, Wallace, Willey, Sam¬ 
uel C. Williams, Wise, Wysor—70. 

Noes— Messrs. John Y. Mason, (Pres’t,) Bowles, Braxton, R. E. 
Byrd, J. A. Carter, Chilton, Conway, Douglas, Edmunds, Faulkner, 
M. R. H. Garnett, Hall, Hill, Jones, Leake, W. Martin, Meredith, Mil¬ 
ler, Morris, Pendleton, Ridley, Scoggin, Francis W. Scott, Robert E. 
Scott, Seymour, Shell, Arthur R. Smith, Benjamin H. Smith, James 
Smith, Snowden, Stanard, Summers, Taylor, Trigg, Tunis, Turn- 
bull, Samuel Watts, William Watts, Whittle, Ira Williams, Wingfield, 
Woolfolk, Worsham—43. 

The Convention then agreed to the second amendment ot the com¬ 
mittee of the whole. 

The third amendment being under consideration, Mr. Pendleton 
demanded the main question, which was ordered, and the amendment 
agreed to—ayes 60, noes 50. 

On motion of Mr. Hopkins, the vote was recorded as follows : 

Ayes—M essrs. Armstrong, Arthur, Banks, Beale, Botts, Bowden, 
Bowles, Brown, Burgess, Richard E. Byrd, Camden, Dale Carter, 
Chambers, Chambliss, Chilton, Deneale, Edmunds, Edwards, Fer¬ 
guson, Finney, Fisher, Floyd, Fultz, Fuqua, Garland, Hall, Hill, 
Hoge, Hopkins, Kilgore, Leake, Letcher, Lionberger, Lucas, McCand- 
dlish, McComas, Jefferson T. Martin, William Martin, Miller, Mur¬ 
phy, Purkins, Rives, Scoggin, Francis W. Scott, R. E. Scott, R. G. 
Scott, Sheffey, William Smith, Snodgrass, Snowden, Stephenson, Jas. 



280 


JE. Stewart, Archibald Stuart, Tate, Turnbull, Wallace, Willey, Sam¬ 
uel C. Williams, Wise, Woolfolk—GO. 

Noes— Messrs. John Y. Mason, (Pres’t,) Mark Bird, Bland, Bocock, 
Braxton, Garble, John A. Carter, Conway, Douglas, Faulkner, Flood, 
Fulkerson, Gaily, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hays, 
Hunter, Jacob, Johnson, Jones, Kenney, Knote, Ligon, Lyons, Mere¬ 
dith, Moore, Morris, Neeson, Newman, Pendleton, Price, Seymour. 
Shell, Arthur R. Smith, Benjamin H. Smith, James Smith, Joseph 
Smith, Southall, Stanard, Summers, Taylor, Trigg, Tunis, Van Win¬ 
kle, Samuel Watts, Whittle, Wingfield, Worsham, Wysor—50. 

The question being then put upon agreeing with the committee of 
the whole in their fourth amendment, Mr. Kenney demanded the main 
question, and it was ordered by the Convention—ayes 72, noes 23. 

On motion of Mr. Rives, the vote was recorded as follows : 

Ayes— Messrs. Armstrong, Arthur, Banks, Beale, Bland, Blue, 
Bowles, Braxton, Brown, R. E. Byrd, Camden, D. Carter, J. A. Carter, 
Chapman, Cocke, Conway, Deneale, Edmunds, Edwards, Faulkner, 
Ferguson, Flood, Floyd, Fulkerson, Fultz, Fuqua, Garland, Muscoe 
R. H. Garnett, Muscoe Garnett, Hall, Hays, Hoge, Hopkins, Hunter, 
Jacob, Kenney, Kilgore, Knote, Leake, Letcher, Lionberger, Lucas, 
McCandlish, Meredith, Morris, Murphy, Neeson, Newman, Price, 
Purkins, Scoggin, Francis W. Scott, Seymour, Shell, Sheffey, Arthur 
R. Smith, James Smith, Joseph Smith, William Smith, Snowden, Ste¬ 
phenson, Jas. E. Stewart, Archibald Stuart, Tate, Trigg, Tunis, Turn- 
bull, Van Wmkie, Samuel Watts, White, Willey, Worsham—72. 

Noes— Messrs. John Y Mason, (Pres’t,) Mark Bird, Bocock, Bur¬ 
gess, Finney, Fisher, Hill, Jones, Lyons, McComas, Jefferson T. 
Martin, Moore, Rives, Robert E. Scott, Robert G. Scott, Benjamin H. 
Smith, Snodgrass, Taylor, Wallace, Whittle, Ira Williams, Samuel C. 
Williams, Woolfolk—23. 

A division of the question having been demanded by Mr. Stanard, 
the vote was first taken upon striking out the words “ought to,” and 
was decided in the negative— ayes 25, noes 81. 

On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes— Messrs. Armstrong, Banks, Beale, Camden, Dale Carter, 
Chapman, Cocke, Ferguson, Finney, Fuqua, Hall, Hoge, Hopkins, 
Kilgore, Lionberger, Lucas, Jefferson T. Martin, Purkins, Rives, Ro¬ 
bert G. Scott, Snodgrass, Stephenson, Jas. E. Stewart, Tate, Ira 
Williams, Woolfolk—25. 

Noes— Messrs. John Y. Mason, (Pres’t,) Arthur, Mark Bird, Bland, 
Blue, Bocock, Bowles, Braxton, Brown, Burgess, Richard E. Byrd, 
Carlile, John A. Carter, Chambers, Conway, Douglas, Edmunds, Ed¬ 
wards, Faulkner, Fisher, Flood, Fulkerson, Fultz, Gaily, Garland, 
Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hays, Hill, Hunter, 
Jacob, Johnson, Jones, Kenney, Knote, Leake, Letcher, Lyons, 
McCandlish, McComas, Meredith, Miller, Moore, Morris, Murphy, 
Neeson, Newman, Pendleton, Price, Randolph, Scoggin, Francis W. 
Scott, Robert E. Scott, Seymour, Shell, Sheffey, Arthur R. Smith, B. 
H. Smith, James Smith, Joseph Smith, William Smith, Snowden, 
Southall, Stanard, Archibald Stuart, Summers, Taylor, Trigg, Tunis, 
Turnbull, Van Winkle, Wallace, Samuel Watts, White, Whittle, Wil¬ 
ley, Samuel C. Williams, Wingfield, Worsham, Wysor—81. 


281 


So that the Convention refused to agree with the committee of the 
whole in their fourth amendment. 

Mr. Beale submitted a motion that the 8th rule of the Convention 
be suspended to enable him to move a re-consideration of the vote 
agreeing with the committee of the whole in their first amendment. 

The said motion being submitted to the Convention, was rejected— 
ayes 50, noes 62. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Batiks, Beale, Blue, Bo- 
cock, Bowles, Braxton, Richard E. Byrd, Carlile, John A. Carter, 
Chilton, Conway, Douglas. Edmunds, Faulkner, Fisher, Muscoe R. 
H. Garnett, Goode, Hall, Hill, Hunter, Jones, Kenney, Leake, Lyons, 
Meredith, Miller, Morris, Price, Scoggm, Francis W. Scott, Robert E. 
Scott, Seymour, Shell, Arthur R. Smith, B. H. Smith, James Smith, 
Stanard, Summers, Taylor, Trigg, Tunis, Turnbull, Samuel Watts, 
White, Whittle, Ira Williams, Wingfield, Woolfolk, Wysor—50. 

Noes —Messrs. Armstrong, Arthur, Mark Bird, Bland, Botts, Bow¬ 
den, Brown, Burgess, Camden, Dale Carter, Chambers, Cocke, De- 
neale, Edwards, Ferguson, Finney, Flood, Floyd, Fulkerson, Fultz, 
Fuqua, Gaily, Garland, Muscoe Garnett, Hays, Hoge, Hopkins, Jacob, 
Johnson, Kilgore, Letcher, Ligon, Lionberger, Lucas, McCandlish, 
McComas, Jefferson T. Martin, William Martin, Moore, Murphy, Nee- 
soon, Newman, Pendleton, Purkins, Randolph, Rives, Robert G. S •otr, 
Shelley, Joseph Smith, William Smith, Snodgrass, Snowden, Southall, 
Stephenson, Jas. E. Stewart, Archibald Stuait, Van Winkle, Wallace, 
Willey, Samuel C. Williams, Wise, Worsham—62. 

Mr. Hunter moved farther to amend the bill of rights in the 3d and 
4th lines of the 5th section, by striking therefrom the words “by fee¬ 
ling and participating the burdens of the people.” 

The said motion being under consideration, Mr. Gally demanded 
the main question which was ordered, and the motion of Mr. Hunter 
rejected. 

On motion of Mr. Hopkins the bill of rights was farther amended, 
in the 8th section and 4th line, by inserting after the word “jury,” 
the words “ of twelve men.” 

Mr. Bird, of Shenandoah, moved to add to the 11th section of the 
bill of rights the following “ unless a smaller number be agreed upon 
by the parties.” The said motion was put to the Convention, and re- 

the bill of rights as amend¬ 
ed, be engrossed and read a third time? and was decided in the affir¬ 
mative. 

Mr. Botts moved that the Convention now take up and consider 
the report of the committee of the whole, upon the report of the com¬ 
mittee on the executive department of the government. 

Mr. Muscoe Garnett, moved that the Convention do adjourn, and 
the motion was rejected. 

Mr. Stanard moved to amend the motion of Mr. Botts by striking 
therefrom the words “ the executive department of the government,” 
and inserting in lieu thereof the word “education.” 

Pending the consideration of the said amendment, 

On motion of Mr. Lyons, the Convention adjourned. 

36 


jected. 

The question was then propounded, slial 


282 


Monday, July 14,1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Gilderslieve, of the Presbyterian church, the journal of 
Saturday’s proceedings was read and approved. 

The President stated the unfinished business to be upon an amend¬ 
ment offered on Saturday last, by Mr. Stanard, to a motion of Mr. 
Botts. 

Mr. Price moved to lay the said motion and amendment on the 
table ; and the question being put, it was ascertained that there was 
not a qiu rum of members present. 

Afterwards, a quorum appearing, Mr. Price, by leave of the Con¬ 
vention withdrew his motion, and Mr. Stanard, by like leave, with¬ 
drew his amendment. 

On motion of Mr. Bowden, 

Ordered , That the resolution of Mr. Botts be laid upon the table. 

Mr. Bowden presented a copy of the proceedings of a public meet¬ 
ing of citizens of Gloucester county, in relation to the basis of repre¬ 
sentation, and conveying instructions to the delegates from that district, 
which, upon his motion, was ordered to be laid upon the table. 

Mr. Scott, of Fauquier, presented a memorial from Allen Gregg, and 
F. W. J. Sherwood, citizens of the county of Fauquier, praying for a 
constitutional prohibition upon imprisonment for debt; which, upon 
motion of Mr. Scott, was ordered to be laid upon the table. 

Mr. Pendleton proposed the following resolution, which, on motion 
of Mr. Hopkins, was ordered to be laid upon the table : 

Resolved , That the nineteenth rule of this house, which declares 
that any member (seven others concurring) shall have the right to 
demand the ayes and noes upon any question, be so amended as to re¬ 
quire a concurrence of twenty members, instead of seven to entitle a 
member to make such demand. 

On motion of Mr. Sheffey, the Convention agreed to take up and 
consider a resolution offered by him yesterday, in relation to a comit- 
tee to superintend the preparation of the constitution. 

The said resolution being under consideration, Mr. Hopkins de¬ 
manded the main question, which was ordered, and the resolution 
adopted. 

Mr. Price submitted the following resolution : 

Resolved , That the * 'onvention, on to-day, and daily thereafter, will 
take a recess from two to half past four o’clock. 

The said resolution being under consideration, Mr. Newman de¬ 
manded the main question, which was ordered, and the resolution 
agreed to. 

On motion of Mr. Price, the convention agreed to take up, and con¬ 
sider the report of the committee of the whole, upon the report of the 
committee on the executive department of the government. 

The said report is as follows : 

The committee of the whole convention, to whom was referred the 
report of the committee on the executive department of the government, 
have, according to order, had the same under consideration, and have 
agreed to the f< llowing amendments thereto : 

1st Amendment, Art. 1, Sec. 1, Line 3, Strike out all of this section 
after the word “ election,” and insert the following, “ and he shall not 


283 


be eligible to that office, for the term next succeeding that for which he 
was elected, nor to any other office, during his term of service.” 

2d Amendment, Art I, Sec. 4, Line 2, Strike out the word ‘‘term,” 
and insert the word “service.” 

3d Amendment, Art. 1, Sec. 5, Line 8-9, Strike out the following 
words, “ when in his opinion the public safety shall require it,” and 
insert the following, “to repel invasion, suppress insurrection, and to 
enforce the execution of the law.” 

4th Amendment, Art. 1, Sec. 5, Line 10, After the word “pardons,” 
insert the words “ after conviction.” 

5th Amendment, Art. 1, Sec. 5, Line 11, Strike out the word “ the” 
and insert the word “capital.” 

6th Amendment, Art. 1, Sec. 5. Line 13, After the word “direct,” 
insert the following, “ he shall biennially communicate to the legisla¬ 
ture, each caseof reprieve, commutation or pardon granted, stating the 
name of the convict, the crime of which he was convicted, the sen¬ 
tence and its date, and the date of the commutation, pardon, or re¬ 
prieve. with his reasons for granting the same.” 

Tth Amendment, Art. I, After the 5th section, insert the following 
new section : 

Sec. 6. The governor may require information in writing from the 
officers in the executive department, upon any subject relating to the 
duties of their respective offices. 

8th Amendment, Art. 2, Sec. 1, Add at the end of this section the 
following: “in voting for governor and lieutenant governor the electors 
shall distinguish for whom they vote as governor, and for whom as 
lieutenant governor, in such way as shall be prescribed by lav 7 .” 

9th Amendment, Art. 2, Sec. 2, Strike out this whole section and 
insert the foil ^wing : 

2. In case of the impeachment and conviction of the governor, his 
removal from office, death, refusal, or inability to qualify, resignation, 
or removal from the State, the powers and duties of the office shall de¬ 
volve upon the lieutenant governor ; and the general assembly shall 
provide by law for the discharge of the executive functions, in other 
necessary cases. 

10th Amendment, Art. 2, Sec. 3, Lines 1-2, Strike out “or other 
officer discharging the duties of governor.” 

11th Amendment, Art. 2, Sec. 3, Line 2, Strike out “ during his ad¬ 
ministration,” and insert “ whilst acting as governor.” 

12th Amendment, Art. 2, Sec’s 4 and 5, Strike out these sections, 
and insert in lieu thereof the following section : “ 4. The lieutenant 
governor shall be president of the senate, but shall have no vote unless 
they be equally divided ; and whilst acting as such, he shall receive 
for his services, the like compensation allowed to the speaker of the 
house of delegates. The senate shall appoint from their own body, a 
president pro tempore in the absence of the lieutenant governor, or 
when he shall exercise the office of governor.” 

13th Amendment, Art. 3, Sec. 1, Strike out this section to the word 
“ governor” inclusive in the 3d line, and insert the following : “A se¬ 
cretary of the commonwealth shall be elected by joint vote of the two 
houses of the legislature, and continue in office two years unless sooner 
removed.” 


284 


14th Amendment, Art. 4. 3 Line, Strike out “ the said commissio?iers 
shall be elected by the qualified voters of the Statef and insert “ the 
State shall be divided into three districts as nearly equal as may be in 
respect to the number of qualified voters therein, and the qualified 
voters of each district shall elect one commissioner.” 

15th Amendment, Add to this article the following : cc and the said 
commissioners or either of them, may be removed by a concurrent vote 
of a majority of all the members elected to both houses of the general 
assembly, and the cause of removal shall be entered on the journal of 
each house.” 

16th Amendment, Add to the amendment just adopted the follow¬ 
ing: “ The general assembly shall have power by a vote of three fifths 
of each house to abolish the board of public works hereby authorized, 
whenever in its opinion, the services of a board of public works shall 
no longer be necessary.” 

17th Amendment, Art. 5, Strike out this article and insert the fol¬ 
lowing : “ The manner of appointing militia officers shall be provided 
for by law.” 

The question being put upon agreeing with the committee of the 
whole in the first amendment, Mr. CLrlile demanded a division of 
the question, and it was first propounded upon striking out the words 
recommended to be stricken out by the committee of the whole, and 
decided in the affirmative. 

Mr. Hopkins moved to amend the amendment of the committee 
of the whole, by striking therefrom the word “to” in the 4th, to the 
word “ nor” inclusive, in the 5th line. 

The said amendment being under consideration, Mr. Carlile de¬ 
manded the main question, whiffi was ordered, and the Convention 
refused to agree to the same—ayes 45, noes 59. 

On motion of Mr. Taylor, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Arthur, Bland, Blue. Bowden, Brown, 
Caperton, Garble, Chambers, Chapman, Denude, Ferguson, Fulker¬ 
son, Gaily, Garland, Muscoe Garnett, Hays, Hoge, Hopkins, Kilgore, 
Knote, Letcher, Lionberger, McComas, Jefferson T. Martin, William 
Martin, Miller, Murphy, Neeson, Purkins, Saunders, Robert G. Scott, 
Sheffey, Joseph Smith, Snodgrass, Stephenson, James E. Stewart, 
Archibald Stuart, Tate, Van Winkle, White, Willey, Samuel C. Wil¬ 
liams, Wise, Woolfblk, Wysor—45. 

Noes —Messrs. John Y. Mason, (Pres’t,) Banks, Beale, Mark Bird, 
Bocock, Bowles, Braxton, Burgess, Richard E. Byrd, Camden, i ale 
Carter, Chambliss, Chilton, Cocke, Edmunds, Edwards, Faulkner, 
Flood, Fultz, Fuqua, Muscoe R. H. Garnett, Goode, Hail, Hill, Hun¬ 
ter, Jacob, Johnson, Kenney, Leake, Ligon, Lucas, Lyons, McCand- 
lish, Meredith, Moore, Newman, Pendleton, Price, Rives, Scoggin, 
Francis W. Scott, Robert E. Scott, Seymour, Shell, Arthur R. Smith, 
Benjamin H. Smith, James Smith, Snowden, Stanard, Summers, 
Taylor, Trigg, Tunis, Turnbull, Wallace, Samuel Watts, Wm. Watts, 
Whittle, Wingfield—59. 

The first amendment was then agreed to by the Convention. 

The question being then put upon agreeing with the committee in 
their second amendment, it was decided in the affirmative. 

The 3d amendment being under consideration, Mr. Bocock demand- 


285 


ed a division of the question, and it was first put upon agreeing with 
so much of the committee’s amendment, as strikes out the words in¬ 
dicated therein, and was decided in the affirmative—ayes 68, noes 37. 

On motion of Mr. Bocogk, tiie vote was recorded as follows : 

Ayes— Messrs. Armstrong, Arthur, Bland, Blue, Botts, Bowden, 
Richard E. Byrd, Camden, Caperton, Carlile, I). Carter, Chambers, 
Chilton. Cocke, Edwards, Ferguson, Finney, Fisher, Fultz, Gaily, Gar¬ 
land, M. Garnett, Hays, Hoge, Hunter, Jacob, Johnson, Kenney, Kil¬ 
gore, Knote, Letcher, Ligon, Lionberger, Lucas, McComas, J. T. Mar¬ 
tin, William Martin, Meredith, Murphy, Neeson, Newman, Pendleton, 
Price, Rives. Francis W. Scott, Robert E. Scott, Seymour, Shell, Shef- 
fey, Benjamin H. Smith, James Smith, Snowden, Stanard, Stephen¬ 
son, Archibald Stewart, Summers, Tate, Trigg, r ffiinis, Van Winkle, 
Samuel Watts, William Watts, White, Willey, Samuel C. Williams, 
Wingfield, Wise, Wysor—68. 

Noes— Messrs.—Messrs. John Y. Mason, (Pres’t,) Banks, Beale, 
Mark Bird, Bocock, Bowles, Braxton, Brown, Burgess, Deneale, Ed¬ 
munds, Flood, Fulkerson, Fuqua, Muscoe R. H. Garnett, Goode, 
Hall, Hill, Hopkins, Leake, Lyons, McCandlish, Miller, Moore, Pur- 
kins, Saunders, Scoggin, Robert G. Scott, Arthur R. Smith, Joseph 
Smith, Snodgrass, Jas. E. Stewart, Taylor, Turnbull, Wallace, Whit¬ 
tle, Woolfolk—37. 

The 3d amendment of the committee was then agreed to by the 
Convention. 

Upon motions respectively put, the Convention agreed with the com¬ 
mittee of the whole in their 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th 
amendments. 

The 12th amendment being under consideration, Mr. M. R. H. Gar¬ 
nett moved to amend the amendment by striking therefrom the words 
“ unless they be equally divided and the motion was decided in the 
negative—ayes 43, noes 66. 

( n motion of Mr. Scoggin, the vote was recorded as follows : 

Ayes —xMessrs. John Y. Masmi, (Pres’t,) Banks, Beale, Bocock, 
Bowles, Braxton, Burgess, Chambers, Chambliss, Cocke, Douglas, 
Edmunds, Edwards, Flood, Fuqua, Garland, M. R. H. Garnett, M. 
Garnett, Goode, Hall, Leake, Ligon, Lyons, Meredith, Moore, Purkins, 
Scoggin, F. W. Scott, Robert E. Scott, Shell. Arthur R. Smith, Jas. 
Smith, Snowden, Stanard, Taylor, Tunis, Turnbull, Wallace, Samuel 
Watts, White, Whittle, Wingfield, Woolf>lk—43. 

Noes— Messrs. Armstrong, Arthur, Mark Bird, Bland, Clue, Botts, 
Brown, Richard E. Byrd, Camden, Caperton, Carlile, Dale Carter, 
Chapman, Chilton, Deneale, Faulkner, Ferguson, Finney, Floyd, 
Fulkerson, Fultz, Gaily, Hays, Hill, Hoge, Hopkins, Hunter, Jacob, 
Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, Mc¬ 
Candlish, McComas, Jefferson T. Martin, William Martin, Miller, 
Murphy, Neeson, Newman, Pendleton, Price, Rives, Saunders, Robert 
G. Scott, Seymour, Sheffey, Benjamin H. Smith, Joseph Smith, Wm. 
Smith, Snodgrass, Stephenson, Jas. E. Stewart, Archibald Stuart, 
Summers, Tate, Trigg, Van Winkle, William Watts, Willey, Williams, 
Wise, Wysor—66. 

The question recurring upon agreeing with the committee in their 
12th amendment, Mr. Lyons demanded a division, and the question 


286 


was first propounded upon agreeing with so much of the amendment 
as strikes out the 4th and 5th sections of the report of the committee 
on the executive department, and was decided in the affirmative. 

Mr. Wallace moved to amend the amendment by inserting after 
the word u vote,” iu the second line, the words “ upon bills involving 
the raising or appropriation of money, nor upon other questions,” so 
that that portion of the section would read, “ but shall have no vote, 
upon bills involving the raising or appropriation of money, nor upon 
other questions unless they be equally divided,” &c. 

The question being submitted upon said amendment, was decided 
in the negative. 

The question recurred upon inserting in the blank created by stri¬ 
king out the 4th and 5th sections, the amendment of the committee of 
the whole, and Mr. Pendleton demanded the main question, which 
was ordered, and the amendment agreed to—ayes 62, noes 44. 

On motion of Mr. LyqNS, the vote was recorded as follows r 

Ayes —Messrs. Armstrong, Mark Bird, Bland, Blue, Botts, Brown, 
Camden, Caperton, Carlile, Dale Carter, Chapman, Cocke, Deneale, 
Faulkner, Ferguson, Finney, Floyd, Fulkerson, Fultz, Gaily, Hays, 
Hill, Hoge, Hopkins, Hunter, Jacob, Johnson, Kenney, Kilgore, 
Knote, Letcher, Lionberger, Lucas, Me Comas, J. T. Martin, W. Mar¬ 
tin, Miller, Moore, Murphy, Neeson, Newman, Pendleton, Price, Rives, 
Saunders, Robert G. Scott, Sheffey, Benj. H. Smith, Joseph Smith, 
William Smith, Snodgrass, Stephenson, Jas. E. Stewart, Archibald 
Stuart, Summers, Tate, Trigg, Van Winkle, Willey, Samuel U. Wil¬ 
liams, Wise, Wysor—62. 

Noes —Messrs. John Y. Mason, (Preset,) Arthur, Banks, Beale, Bo- 
cock, Bowles, Braxton, Burgess, Chambers, Chambliss, Douglas, Ed¬ 
munds, Edwards, Flood, Fuqua, Garland, M. R. H. Garnett, Muscoe 
Garnett, Goode, Hall, Leake, Ligon, Lyons, McCandlish, Meredith, 
Purkins, Scoggin, Francis W. Scott, Robert E. Scott, Seymour, Shell, 
Arthur R. Smith, James Smith, Snowden, Stanard, Taylor, Tunis, 
Turnbull, Wallace, Samuel Watts, White, Whittle, Wingfield, Wool- 
folk—44. 

So that the 12th amendment was agreed to by the Convention. 

The 13th amendment being under consideration, Mr. Letcher 
called for a division, and the question was first propounded upon agree¬ 
ing with so much of the said amendment, as strikes out from the re¬ 
port the words indicated therein, and was decided in the negative—■ 
ayes 51, noes 53. 

On motion of Mr. Letcher, the vote was recorded as follows: 

Ayes —Messrs. Arthur, Beale, Bocock, Bowles, Braxton, Burgess, 
Chambers, Chambliss, Chapman, Chilton, Cocke, Douglas, Edmunds, 
Edwards, Faulkner, Flood, Fulkerson, Fuqua, Muscoe R H Garnett, 
Muscoe Garnett, Goode, Hall, Hill, Jacob, Leake, Lyons, William 
Martin, Meredith, Moore, Pendleton, Price, Purkins, Saunders, Scog¬ 
gin, Francis W. Scott, Robert E. Scott, Shell, Arthur R. Smith, 
Benjamin H. Smith, James Smith, Snowden, Stanard, Summers, 
Taylor, Turnbull, Samuel Watts, William Watts, White, Whittle, 
Wingfield, Woolfolk—57. 

Noes —Messrs. Armstrong, Banks, Mark Bird, Bland, Blue, Botts, 
Brown, Camden, Caperton, Carlile, Dale Carter, Ferguson, Finney, 


287 


Floyd, Fultz, Gaily, Garland, Hays, Hoge, Hopkins, Hunter, Johnson, 
Kenney, Kilgore, Knote, Letcher, Ligon, Lionberger, Lucas, McCan- 
dlish, McComas, Jefferson T. Martin, Miller, Murphy, Neeson, New¬ 
man, Rives, Seymour, Sheffey, Joseph Smith, William Smith, Snod¬ 
grass, Stephenson, Jas. E. Stewart, Archibald Stuart, Tate, Trigg, 
Van Winkle, Wallace, Willey, Samuel C. Williams, Wise, Wysor—53. 

So that the Convention refused to agree with the committee of the 
whole in their 13th amendment. 

The 14th and 15th amendments, were then, upon motions respec¬ 
tively submitted, agreed to by the Convention. 

Mr. Lyons moved to amend the 16th amendment, by striking there¬ 
from the words “ by a vote of three fifths of each house,” and the 
motion was rejected. 

The Convention then agreed with the committee in their 16th amend¬ 
ment. 

The 17th amendment being under consideration, Mr. Hopkins de¬ 
manded a division of the question, and it was first propounded upon 
striking out the 5th article, and was decided in the affirmative. 

The 17th amendment of the committee was then agreed to. 

The Convention then proceeded to the 2d reading of the report of 
the committee on the executive department. 

Mr. Gally submitted a motion to amend the 1st section of the 1st ar¬ 
ticle ^f the report of the committee on the executive department, in the 
2d line, by striking therefrom the word “ four,” and inserting in lieu 
thereof the word u two.” 

Mr. Letcher demanded a division of the question, and it was first 
put upon by striking out the word u four,” and was decided in the ne¬ 
gative—ayes 17, noes 87. 

On motion of Mr Gally, the vote was recorded as follows : 

Ayes-— Messrs. Botts, Camden, Finney, Gally, Hoge, Hopkins, 
Hunter, Jefferson T. Martin, Murphy Purkins, Robert G. Scott, Shef¬ 
fey, Joseph Smith, William Smith, Jas. E. Stewart, Tate, Trigg—17. 

Noes— Messrs. Armstrong, Banks, Beale, Mark Bird, Bland, Blue, 
Bocock, Bowles, Braxton, Brown, Burgess, Richard E. Byrd, Caper- 
ton, Carlile, Dale Carter, Chambers, Chambliss, Chilton, Cocke, De- 
neale, Douglas, Edmunds, Edwards, Faulkner, Ferguson, Fisher, 
Flood, Floyd, Fulkerson, Fultz, Fuqua, Garland, Muscoe Garnett, 
Goode, Hall, Hays, Hill, Jacob, Johnson, Kenney, Kilgore, Knote, 
Leake, Letcher, Ligon, Lucas, Lyons, McCandlish, McComas, Wm. 
Martin, Meredith, Miller, Moore, Neeson, Newman, Pendleton, Price, 
Rive*, Saunders, Scoggin, Francis W. Scott, Robert E. Scott, Sey¬ 
mour, Shell, Arthur R. Smith, Beniamin H. Smith, James Smith, 
Snodgrass, Snowden, Stanard, Stephenson, Archibald Stuart, Sum¬ 
mers, Taylor, Tunis, Turnbull, Van Winkle, Wallace, Samuel Watts, 
William W r atts, White, Whittle, Willey, Samuel C. Williams, Wing¬ 
field, Wise, Wysor—87. 

Mr. Hunter submitted a motion to amend the report in the same 
article, section 2, line 3, by striking therefrom the word “ native.” 

Mr. Letcher moved to amend the amendment, by striking out in 
the 2d and 3d lines, the words “ shall be a native citizen of the Uni¬ 
ted States.” 


288 


The question upon the adoption of the said amendment being put to 
the Convention was decided in the negative. 

The question recurring upon the motion of Mr. Hunter, was de¬ 
cided in the negative—ayes 49, noes 53. 

On motion of Mr. Hunter the vote was recorded as follows : 

Ayes —Messrs. Armstrong. Bland, Blue, Camden, D. Carter, Chap¬ 
man, Ferguson, Fisher, Floyd, Fulkerson, Gaily, Garland, Hays, 
Hoge, Hopkins, Hunter, Jacob, Johson, Kilg re, Knote, Letcher, Lion- 
berger, ! yons, Jefferson T. Martin, Meredith, Miller, Murphy, Nelson, 
Pendleton, Purkins, Robert E. Scott, Robert G. Scott, Sheffey, Ar.'hur 
R. Smith, Joseph Smith, William Smith, Snodgrass, Snowden, Stan- 
ard, Stephenson, Jas. E. Stewart, Summers, Tate, Trigg, Van Winkle, 
Wallace, William Watts, White, Samuel O. Williams—49. 

Noes —Messrs. John Y. Mason, (Pres’t,) Banks, Beale, Bocock, 
Botts, Bowles, Braxton, Burgess, Richard E. Byrd Chambers, Cham¬ 
bliss Chilton, Cocke, Deueaie, Douglas, Edmunds, Edwards, Faulk¬ 
ner, Finney, Flood, Fultz, Fuqua, M. R. H. Garnett, Muscoe Gar¬ 
nett, Goode, Hall, Hill, Kenney, Leake, Lucas, McCandlish, William 
Martin, Mo re, Newman, Price, Rives, Saunders, Scoggin, Francis W. 
Scott, Shell, Benjamin H. Smith, James Smith, Archibald Stuart, Tay¬ 
lor, Tunis, Turnbull, S. Watts, Whittle, Willey, Wingfield, Wise, 
Woolfolk, Wysor—53. 

Mr. Wallace moved to amend the report in the same article and 
section, and in the 3d tine by striking therefrom the word u citizen,” 
and inserting in lieu thereof the word (i resident.” 

Mr. Stanaro demanded a division of the question, and it was first 
put upon striking out the word u citizen,” and decided in the negative. 

Mr. Flood moved to amend the report in the same article, in the 
4th section, by striking out from the word a receive” in the 1st line 
to the word “ and” in the 3d line. 

Mr. Hopkins moved to perfect the part to be stricken out, by striking 
out in the 2d line of the section, the words u for his services the sum 
of,” so that that portion of the section would read u and shall receive 
the sum of five thousand dollars,” &c. 

The question upon the adoption of the said amendment being put to 
the Convention, was decided in the affirmative. 

Mr. Stanard moved farther to amend the section in the second line, 
by striking therefrom the words “ five thousand.” 

The said amendment being submitted to the Convention was adop¬ 
ted—ayes 56, noes 50. 

On motion of Mr. White, the vote was recorded as follows: 

Ayes —Messrs. Arthur, Banks, Mark Bird, Bland, Bocock, Bowles, 
Braxton, Richard E. Byrd, Camden, Dale Carter, Chambers, Ed¬ 
wards, Finney, Flood, Fulkerson, Fultz, Fuqua, Garland, Muscoe R. 
H. Garnett, Muscoe Garnett, Goode, Hall, Hill, Hoge, Hunter, Kilgore, 
Knote, Leake, Letcher, Ligon, Lionberger, Lyons, Meredith, Miller, 
Moore, Neeson, Newman, Pendleton, Purkins, Rives, Scoggin, Robert 
E. Scott, Shell, James Smith, Joseph Smith, William Smith, Snod¬ 
grass, Snowden, Stanard Stephenson, Trigg, William Watts, White, 
Whittle, Samuel C. Williams, Woolfolk—56. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Beale, Blue, 
Botts, Bowden, Brown, Burgess, Caperton, Chambliss, Chapman, 



289 


Chilton, Cocke, Deneale, Edmunds, Faulkner, Ferguson, Fisher, 
Floyd, Gaily, Hays, Hopkins, Johnson, Kenney, Lucas, McCandlish, 
McComas, Jefferson T. Martin, William Martin, Murphy, Price, Saun¬ 
ders, Francis W. Scotr, Robert G. Scott, Seymour, Sheffey, Arthur R. 
Smith, Benjamin H. Smith, Archibald Stuart, Summers, Tate, Taylor, 
Tunis, Turnbull, Van Winkle, Wallace, Willey, Wingfield, Wise, Wy- 
sor—50. 

Mr. Byrd, of Frederick, moved to fill the blank created, by agreeing 
to the amendment of Mr. Stanard, with the following words, u an 
adequate compensation to be fixed by law.” 

Mr. Lyons moved to amend the amendment by adding thereto the 
following, “provided the same shall not exceed four thousand dollars 
per annum.” 

The said amendment being submitted to the Convention, was re¬ 
jected. 

The question recurring upon the amendment of Mr. Byrd, Mr. 
Stanard called the previous question, which was ordered, and the 
amendment agreed to—ayes 55, noes 53. 

On motion of Mr. Byrd, the vote was recorded as follows : 

Ayes— Messrs. Arthur, Banks, Beale, Mark Bird, Bland, Blue, Bo- 
cock, Bowles, Braxton, Brown, Richard E. Byrd, Camden, Carlile, 
Dale Carter, Deneale, Edmunds, Edwards, Flood, Fulkerson, Fuqua, 
M. R. H. Garnett, Muscoe Garnett, Hall, Hays, Hill, Hoge, Hopkins, 
Johnson, Kenney, Kilgore, Leake, Ligon, Lionberger, Lyons, Mil¬ 
ler, Neeson, Newman, Pendleton, Shell, Benjamin H. Smith, Joseph 
Smith, Snodgrass, Snowden, Stanard, Stephenson, Archibald Stuart, 
Trigg, Tunis, Turnbull, Samuel Watts, William Watts, White, Whit¬ 
tle, Samuel C. Williams, Woolfolk—55. 

Noes— Messrs. John Y. Mason, (Pres’t,) Armstrong, Botts, Bowden, 
Burgess, Caperton, Chambers, Chambliss, Chapman, Chilton, Cocke, 
Douglas, Faulkner, Ferguson, Finney, Fisher, Floyd, Fultz, Gaily, 
Garland, Goode, Hunter, Knote, Letcher, Lucas, McCandlish, McCo¬ 
mas, Jefferson T. Martin, William Martin, Meredith, Moore, Murphy, 
Price, Purkins, Rives, Saunders, Scoggin, Francis W. Scott, Robert 
E. Scott, Robert G. Scott, Seymour, Sheffey, Arthur R. Smith, James 
Smith, Jas. E. Stewart, Summers, Tate, Taylor, Van Winkle, Wallace, 
Willey, Wise, Wysor—53. 

Mr. Carlile moved to amend the section farther, by adding to the 
amendment of Mr. Byrd, just adopted, the following, “ Provided , 
however, it shall not be less than four thousand dollars per annum.” 

Mr. Ferguson moved to amend the amendment by striking there¬ 
from, the words “ four thousand,” and inserting in lieu thereof, the 
words “five thousand.” 

The said amendment being submitted to the Convention, was rejec¬ 
ted—ayes 43, noes 67. 

On motion of Mr. Byrd, of Frederick, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Beale, Blue, 
Botts, Bowden, Burgess, Caperton, Chapman, Chilton, Cocke, De¬ 
neale, Faulkner, Ferguson, Fisher, Floyd, Gaily, Muscoe Garnett, 
Hopkins, Johnson, Letcher, Lucas, McCandlish, Jefferson T. Martin, 
William Martin, Murphy, Price, Robert G. Scott, Seymour, Sheffey, 


290 


Arthur R. Smith, Benjamin H. Smith, Jas. E. Stewart, Archibald 
Stuart, Summers, Tate, Taylor, Van Winkle, Wallace, Willey, Wing¬ 
field, Wise, Wysor—43. 

Noes —Messrs. Arthur, Banks, Mark Bird, Bland, Bocock, Bowles, 
Braxton, Brown, Richard E. Byrd, Camden, Carlile, Dale Carter, 
Chambers, Chambliss, Douglas, Edmunds, Edwards, Finney, Flood, 
Fulkerson, Fultz, Fuqua, Garland, Mnscoe R. H. Garnett, Goode, 
Hall, Hays, Hill, Hoge, Hunter, Kenney, Kilgore, Knote, Leake, Li- 
gon, Lionberger, Lyons, McComas, Meredith, Miller, Moore, Neeson, 
Newman, Pendleton, Purkins, Rives, Saunders, Scoggin, Francis W. 
Scott, Robert E. Scott, Shell, James Smith, Joseph Smith, William 
Smith, Snodgrass, Snowden, Stanard, Stephenson, Trigg, Tunis, 
Turnbull, Samuel Watts, William Watts, White, Whittle, Samuel C. 
Williams, Woolfolk—67. 

Mr. Bird, of Shenandoah, moved to amend the amendment by 
striking therefrom the word, “ less,” and inserting in lieu thereof the 
word “ more,” and the motion was rejected—ayes 40, noes 70. 

On motion of Mr. Woolfolk, the vote was recorded as follows : 

Ayes —Messrs. Arthur, Banks, M. Bird, Bocock, Bowles, Braxton, 
Richard E. Byrd, Dale Carter, Douglas, Edwards, Finney, Flood, 
Fulkerson, Fuqua, Garland, M. R. H. Garnett, Goode, Hall, Hill, Ken¬ 
ney, Kilgore, Knote, Ligon, Lyons, Newman, Pendleton, Purkins, 
Rives, Scoggin, Shell, James Smith, Joseph Smith, William Smith, 
Snowden, Stanard, Tunis, Samuel Watts, Whittle, Samuel C. Wil¬ 
liams, Woolfolk—40. 

Noes —Messrs. John Y. Mason, (Preset,) Armstrong, Beale, Bland, 
Blue, Botts, Bowden, Brown, Burgess, Camden, Caperton, Carlile, 
Chambers, Chambliss, Chapman, Chilton, Cocke, Deneale, Edmunds, 
Faulkner, Ferguson, Fisher, Floyd, Fultz, Gaily, Muscoe Garnett, 
Hays, Hoge, Hopkins, Hunter, Johnson, Leake, Letcher, Lionberger, 
Lucas, McCandlish, McComas, Jefferson T. Martin, William Martin, 
Meredith, Miller, Moore, Murphy, Neeson, Price, Saunders, Francis 
W. Scott, Robert E. Scott, Robert G. Scott, Seymour, Sheffey, Arthur 
R. Smith, Benjamin H. Smith, Snodgrass, Stephenson, Jas. E. Stew¬ 
art, A. Stuart, Summers, Tate, Taylor, Trigg, Turnbull, Van Winkle, 
Wallace, William Watts, White, Willey, Wingfield, Wise, Wysor—70. 

Mr. M. Garnett moved to amend the section by adding after the 
word “thousand,” in the amendment of Mr. Byrd, just adopted, the 
words i( five hundred.” 

Mr. Mvscoe Garnett demanded the main question upon the said 
amendment, and it was ordered, and the amendment rejected—ayes 49, 
noes 56. 

On motion of Mr. Byrd, of Frederick, the vote was recorded as 
follows: 

Ayes —Messrs. Armstrong, Beale, Bland, Blue, Botts, Bowden, Bur¬ 
gess, Caperton, Chambers, Chapman, Chilton, Cocke, Deneale, Faulk¬ 
ner, Ferguson, Fisher, Floyd, Gaily, Muscoe Garnett, Hays, Johnson, 
Letcher, Lucas, McCandlish, McComas Jefferson T. Martin, William 
Martin, Meredith, Murphy, Price, Saunders, Francis W. Scott, Robert 
G. Scott, Seymour, Sheffey, Arthur R. Smith, Benjamin H. Smith, 
Snodgrass, Jas. E. Stewart, Archibald Stuart, Summers, Tate, Taylor, 
Van Winkle, Wallace, Willey, Wingfield, Wise, Wysor—49. 


291 


Noes —Messrs. J. Y. Mason, (Pres’t,) Arthur, Banks, M. Bird, Bo- 
cock, Bowles, Braxton, Brown, R. E. Byrd, Camden, Carlile, Dale Car¬ 
ter, Chambliss, Douglas, Edmunds, Edwards, Finney, Flood, Fulker¬ 
son, Fultz, Fuqua, Garland, Muscoe R. H. Garnett, Goode, Hail, Hill, 
Hoge, Hunter, Kenney, Kilgore, Knote, Leake, Ligon, Lionberger, 
Lyons, Miller, Moore, Neeson, Newman, Pendleton, Rives, Scoggin, 
Shell, James Smith, Joseph Smith, Snowden, Stanard, Stephenson, 
Trigg, Tunis, Turnbull, Samuel Watts, William Watts, Whittle S. 
C. Williams, Woolfolk—56. 

The question then recurring upon the amendment of Mr. Carlile, 
he called the previous question which was ordered, and the amend¬ 
ment rejected—ayes 49, noes 58. 

On motion of Mr. Flood, the vote was recorded as follows: 

Ayes— Messrs. Bland, Blue, Botts, Bowden, Burgess, Camden, 
Caperton, Carlile, Chapman, Chilton, Cocke, Deneale, Ferguson, Fin¬ 
ney, Fisher, Floyd, Fultz, Gaily, M. Garnett, Hays, Hunter, Johnson, 
Knote, Letcher, Lucas, McComas, William Martin, Meredith, Moore, 
Murphy, Price, Saunders, Robert E. Scott, Robert G. Scott, Seymour, 
Sheffey,Arthur R. Smith, B. H. Smith, Snodgrass, Jas. E. Stewart, 
Archibald Stuart, Summers, Tate, Taylor, Van Winkle, Willey, Wing¬ 
field, Wise, Wysor—49. 

Noes— Messrs. John Y. Mason, (Pres’t,) Armstrong. Arthur, Banks, 
Beale, Mark Bird, Bocock, Bowles, Braxton, Brown, Richard E. Byrd, 
Dale Carter, Chambers, Chambliss, Douglas, Edmunds, Edwards, 
Flood, Fulkerson, Fuqua, Garland, Muscoe R. H. Garnett, Goode, Hall, 
Hill, Hoge, Hopkins, Kenney, Kilgore, Leake, Ligon, Lionberger, Ly¬ 
ons, McCandlish, Jefferson, T. Martin, Miller, Neeson, Newman, Pen¬ 
dleton, Rives, Francis W. Scott, Shell, James Smith, Joseph Smith, 
William Smith, Snowden, Stanard, Stephenson, Trigg, Tunis, Turn- 
bull, Wallace, S. Watts, W. Watts, Whittle, S. C. Williams, Wool- 
folk— 58. 

The question then recurred upon the motion of Mr Flood, to strike 
out from “ receive” in the 1st line, to the word “and” in the 3d line. 
Whereupon, by leave of the Convention, Mr. Flood withdrew his said 
motion. 

The 4th section was farther amended, on motion of Mr. Trigg, by 
inserting, after the word “ service” in the 3d line, the following “ which 
shall be neither increased nor diminished, during his continuance in 
office.” 

The hour of two o’clock having arrived, the Convention took a re¬ 
cess. 

At half past four o’clock, the President resumed the chair, and Mr. 
Willey moved to amend the report in the 1st article, 5th section, 9th 
and 10th lines, by striking therefrom, the words “to remit fines and 
penalties, under such rules and regulations as may be prescribed by 
law.” 

Upon the adoption of the said amendment, Mr. Ferguson demanded 
the main question, which was ordered, and the amendment rejected— 
ayes 33, noes 64. 

On motion of Mr. Hopkins, the vote was recorded as follows: 

Ayes —Messrs. John Y. Mason, (Pres’t,) Camden, Chambers, 


V 


292 

Chambliss, Edmunds, Flood, Muscoe Garnett, Goode, Hill, Hopkins, 
Ligon, Meredith, Miller, Moore, Purkins, Rives, Robert E. Scott, Ro¬ 
bert G. Scott, Sheffey, B. H. Smith, Joseph Smith, Snowden, Stan- 
ard, Summers, Taylor, Tredway, Trigg, Tunis, Samuel Watts, Wil¬ 
liam Watts, Whittle, Willey, Wingfield—33. 

Noes —Messrs. Armstrong, Arthur, Banks, Barbour, Beale, Mark 
Bird, Bland, Blue, Bocock, Bowden, Bowles, Brown, Burgess, Caper- 
ton, Dale Carter, Chilton, Cocke ? Douglas, Edwards, Faulkner, Fer¬ 
guson, Finney, Fulkerson, Fultz, Fuqua, Muscoe R. H. Garnett, Hall, 
Hays, Hoge, Hunter, Jacob, Johnson, Kenney, Kilgore, Leake, Letch¬ 
er, Lionberger, Lucas, Lynch, Lyons, Jefferson T. Martin, William 
Martin, Murphy, Neeson, Newman, Pendleton, Price, Saunders, Scog- 
gin, Francis W. Scott, Shell, Arthur R. Smith, James Smith, William 
Smith, Snodgrass, Stephenson, Jas. E. Stewart, Archibald Stuart, 
Turnbull, White, Samuel C. Williams, Wise, Woolfolk, Wysor—64. 

On motion of Mr. Lyons, the Convention then adjourned—ayes 65, 
noes 35. 

On motion of Mr. Wise, the vote was recorded as follows : 

Ayes— Messrs. Mark Bird, Bland, Blue, Bocock, Bowden, Bowles, 
Braxton, Brown, Camden, Caperton, Dale Carter, Chambers, Cham¬ 
bliss, Chilton, Cocke, Edwards, Finney, Flood, Fuqua, Gaily, Gar¬ 
land, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, Hoge, 
Hopkins, Hunter, Jacob, Kenney, Kilgore, Letcher, Ligon, Lyons, 
McCandlish, Jefferson T. Martin, William Martin, Meredith, Miller, 
Moore, Murphy, Price, Rives, Saunders, Robert E. Scott, Robert G. 
Scott, Shell, Sheffey, Arthur R. Smith, Stanard, Stephenson, Archi¬ 
bald Stuart, Summers, Taylor, Tredway, Tunis, Yan Winkle, Samuel 
Watts, W. Watts, Whittle, Willey, Wingfield, Woolfolk, Wysor—65. 

Noes— Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Beale, Burgess, Deneale, Edmunds, Faulkner, Ferguson, 
Fulkerson, Fultz, Hays, Johnson, Lionberger, Lucas, Neeson, New¬ 
man, Pendleton, Purkins, Scoggin, Francis W. Scott, James Smith, 
Joseph Smith, William Smith, Snodgrass, Snowden, Jas. E. Stewart, 
Tate, Trigg, Turnbull, White, Samuel C. Williams, Wise—35. 


Tuesday, July 15th, 1851. 

The Convention met pursuant to adjournment, and after prayer by 
the Rev. Mr. Love of the Presbyterian church, the journal of yesterday’s 
proceedings was read and approved. 

The Convention proceeded to the consideration of the report of the 
committee on the executive department, upon its second reading. 

Mr. Stanard moved to amend the said report in the 1st article, 5th 
section, lines 10 and 11, by striking therefrom the words “ or commute 
capital punishment,” and the motion was rejected, ayes 48, noes 61. 

On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes —Messrs. Bowles, Braxton, Burgess, Camden, Caperton, Dale 
Carter, Chambliss, Cocke, Edmunds, Faulkner, Finney, Flood, Fultz, 
Fuqua, Garland, Hall, Hill. Hunter, Jasper, Jones, Kilgore, Leake, Li¬ 
gon, Lucas, Lynch, Lyons, Meredith, Newman, Purkins, Saunders, Ro¬ 
bert E. Scott, Robert G. Scott, Seymour, Shell, Sheffey, Southall, Stan¬ 
ard, Summers, Taylor, Trigg, Tunis, Wallace, Samuel Watts, William 
Walts, Whittle. Willey, Wingfield and Wysor—48. 



293 


N 


• Nays— Messrs. Mason, (Pres’t.) Armstrong, Arthur, Banks, Barbour, 
Beale, Bird, Bland, Blue, Bocock, Brown, Byrd, Carlile, Chambers, 
Chapman, Chilton, Conway, Cox, Deneale, Douglass, Edwards, Fisher, 
Fulkerson, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hays, Hoge, 
Hopkins, Jacob, Kenney, Knote, Letcher, Lionberger, McOandlish, Mc- 
Comas, Jefferson T. Martin, William Martin, Moore, Murphy, Neeson, 
Price, Rives, Scoggin, Francis W. Scott, Arthur R Smith, Benjamin H. 
Smith, James Smith, Joseph Smith, William Smith, Snodgrass, Snow¬ 
den, Stephenson, Stuart, Tate, Tredway, Turnbull, Yan Winkle, Sam¬ 
uel C. Williams, Wise, Woolfolk—61. 

Mr. Camden moved further to amend the 5th section, by striking out 
the following words therein : <£ to grant reprieves and pardons after con¬ 
viction, or commute capital punishment except when the prosecution 
shall have been carried on by the House of Delegates, or the law shall 
otherwise particularly directand insert the following : 

“To have such power only as shall be conferred upon him by law in 
remitting fines and penalties, granting reprieves and pardons, and com¬ 
muting capital punishment.” 

Mr. Chambliss demanded a division, and the question was first put 
upon striking out the following words, “ to remit fines and penalties, 
under such rules and regulations as may be prescribed by law.” 

Upon the said question, Mr. Smith, of Greenbrier, demanded the main 
question, which was ordered, and the Convention agreed to strike out 
the said words, ayes 62, noes 52. 

On motion of Mr. Letcher, the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t,) Banks, Bird, Bowles, Braxton, Bur¬ 
gess, Camden, Caperton, Chambers, Chambliss, Cocke, Conway, Cox, 
Edmunds, Edwards, Faulkner, Flood, Garland, Muscoe R. H. Garnett, 
Muscoe Garnett, Goode, Hall, Hays, Hill, Hopkins, Hunter, Jones, 
Kilgore, Ligon, Lucas, Lynch, McComas, Meredith, Miller, Moore, 
Newman, Purkins, Rives, Saunders, Francis W. Scott, Robert E. Scott, 
Robert G. Scott, Seymour, Shell, Sheffey, Benjamin H. Smith, Snow¬ 
den, Southall, Stanard, Summers, Taylor, Tredway, Trigg, Tunis, Wal¬ 
lace, Samuel Watts, William Watts, Whittle, Willey, Wingfield, Wise, 
Wysor—62. 

Noes —Messrs. Armstrong, Arthur, Barbour, Beale, Bland, Blue, Bo¬ 
cock, Botts, Bowden, Brown, Byrd, Carlile, Dale Carter, Chapman, 
Chilton, Deneale, Douglass, Finney, Fisher, Floyd, Fulkerson, Fultz, 
Fuqua, Hoge, Jacob, Jasper, Johnson, Kenney, Knote, Leake, Letcher, 
Lionberger, Lyons, McCandlish, Jefferson T. Martin, William Martin, 
Murphy, Neeson, Price, Scoggin, Arthur R. Smith, James Smith, Jo¬ 
seph Smith, William Smith, Snodgrass, Stephenson, Stuart, Tate, Turn- 
bull, Van Winkle, Samuel C. Williams, Woolfolk—52. 

Mr. Chambliss demanded a further division of the question, and it 
was next propounded upon striking from the section the following 
words: “ to grant reprieves and pardons after conviction,” and decided 
in the negative, ayes 15, noes 100. 

On motion of Mr. Letcher, the vote was recorded as follows: 

Ayes —Messrs. Braxton, Camden, Dale Carter, Cocke, Conway, 
Faulkner, Fuqua, Hunter, Lucas, Robert E Scott, Seymour, Sheffey, 
Benjamin H. Smith, William Watts, Whittle—15. 


294 


Noes —Messrs, Mason, (Pres’t.) Armstrong, Arthur, Banks, Barbour, 
Beale, Bird, Bland, Blue, Bocock, Botts, Bowden, Bowles, Brown, 
Burgess, Byrd, Caperton, Carlile, Chambers, Chambliss, Chapman, Chil¬ 
ton, Cox, Deneale, Douglass, Edmunds, Edwards, Finney, Fisher, 
Flood, Floyd, Fulkerson, Fultz, Gaily, Garland, Muscoe R. H. Garnett, 
Muscoe Garnett, Goode, Hall, Hill, Hoge, Hopkins, Jacob, Jasper, 
Johnson, Jones, Kenney, Kilgore, Knote, Leake, Letcher, Ligon, Li- 
onberger, Lynch, Lyons, McCandlish, McComas, Jefferson T. Martin, 
William Martin, Meredith, Miller, Moore, Murphy, Neeson, Newman, 
Price, Purkins, Rives, Saunders, Scoggin, Francis W. Scott, Robert G. 
Scott, Shell, Arthur R. Smith, James Smith, Joseph, Smith, William 
Smith, Snodgrass, Snowden, Southall, Stanard, Stephenson, Stuart, 
Summers, Tate, Taylor, Tredway, Trigg, Tunis, Turnbull, Van Win¬ 
kle, Wallace, Samuel Watts, Willey, Samuel C. Williams, Wingfield, 
Wise, Woolfolk, Wysor—100. 

Mr. Letcher demanded a further division of the question, and it was 
next propounded upon striking out the words “or commute capital pun¬ 
ishment,’’ and decided in the negative, ayes 47, noes 63. 

On motion of Mr. Letcher, the vote was recorded as follows: 

Ayes —Messrs. Bowles, Braxton, Camden, Caperton, Dale Carter, 
Chambliss, Cocke, Edmunds, Faulkner, Flood, Fultz, Fuqua, Gaily, Gar¬ 
land, Muscoe R. H, Garnett, Hall, Hill, Jasper, Jones, Leake, Lig-on, Lu¬ 
cas, Lynch, Lyons, Meredith, Miller, Newman, Purkins, RobertE. Scott, 
R. G. Scott, Seymour, Sheffey, Shell, Benj. H. Smith, Southall, Stan¬ 
ard; Summers, Taylor, Trigg, Tunis, Wallace, Samuel Watts, William 
Watts, Whittle, Willey, Wingfield, Wysor—47. 

Noes —Messrs. Mason, (Pres’t.) Armstrong, Arthur, Banks, Barbour, 
Bird, Bland, Blue, Bocock, Botts, Bowden, Brown, Burgess, Byrd, Car¬ 
lile, Chambers, Chapman, Chilton, Conway, Cox, Deneale, Douglass, 
Edwards, Finney, Fisher, Floyd, Fulkerson, Muscoe Garnett, Goode, 
Hoge, Hopkins, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lion- 
berger, McCandlish McComas, Jefferson T. Martin, William Martin, 
Murphy, Neeson, Price, Rives, Saunders, Scoggin, Francis W. Scott^ 
Arthur R. Smith, James Smith, Joseph Smith, William Smith, Snod¬ 
grass, Snowden, Stephenson, Stuart, Tate, Turnbull, Van Winkle, Sam¬ 
uel C. Williams. Wise, Woolfolk—63. 


Mr. Wise asked for a farther division of the question, and it was put 
upon striking out the words “except where the prosecution is carried on 
by the House of Delegates,” and was decided in the negat ve. 

The question then recurred upon striking from the section the remain¬ 
ing words, “ or the law shall otherwise particularly direct/’and was de 
cided in the negative, ayes 18, noes 95. 

On motion of Mr. Wise, the vote was recorded as follows : 

Ayes —Messrs. Burgess, Byrd, Camden, Caperton, Carlile, Deneale, 
Fisher, Floyd, Fultz, Fuqua, Hopkins, Letcher, McComas, Jefferson T. 
Martin, Saunders, Arthur R. Smith, Stuart, Wise—18. 

Noes —-Messrs. Mason, (Pres’t.) Armstrong, Arthur, Banks, Barbour, 
Beale, Bird, Bland, Blue, Bocock, Botts, Bowden, Bowles, Braxton, 
Brown, Dale Carter, Chambers, Chambliss, Chapman, Chilton, Cocke’ 
Conway, Cox, Douglass, Edmunds, Edwards, Faulkner, Finney, Flood, 
Fulkerson, Garland, M. R. H. Garnett, Muscoe Garnett, Goode, Hall, 


295 


Hill, Hoge, Hunter,Jacob, Janney, Johnson, Kenney, Kilgore, Knote 
Leake, Ligon, Lionberger, Lucas, Lynch, Lyons, McCandli'sh, William 
Martin, Meredith, Miller, Murphy, Neeson, Newman, Price, Purkins, 
Rives, Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, 
Seymour, Shell, Sheffey, Benjamin H. Smith, James Smith, Joseph 
Smith, William Smith, Snodgrass, Snowden, Southall, Stanard, Ste¬ 
phenson, Summers, Tate, Taylor, Tredway, Trigg, Tunis, Turnbull, 
Van Winkle, Wallace, Samuel Watts, William Watts, White, Whittle, 
Willey, Samuel C. Williams, Wingfield, Woolfolk, Wysor—95. 

Mr. Camden then, with the leave of the Convention, withdrew his 
amendment. 

Mr. Letcher moved to fill the blank in the said section with the fol¬ 
lowing words: “to remit fines and penalties in such cases and under 
such rules and regulations as may be prescribed by law.” 

The said amendment being under consideration, Mr. Smith, of Green¬ 
brier, called the previous question, and was sustained, and the amend¬ 
ment agreed to, ayes 63, noes 44. 

On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Arthur, Banks, Barbour, Beale, Bird, 
Bland, Blue, Bocock, Bowden, Bowles, Braxton, Brown, Byrd, Camden, 
Dale Carter, Chapman, Chilton, Deneale, Faulkner, Finney, Fisher, 
Floyd, Fulkerson, Fultz, Fuqua, Gaily, Hall, Hays, Hoge, Hunter, Ja¬ 
cob, Johnson, Jones, Kenney, Kilgore, Knote, Leake, Letcher, Ligon, 
Lionberger, Lucas, William Martin, Murphy, Neeson, Newman, Price, 
Scoggin, Francis W. Scott, Sheffey, Benjamin H. Smith, James Smith, 
Joseph Smith, William Smith, Snodgrass, Stephenson, Stuart, Tate, 
Turnbull, Yan Winkle, Samuel C. Williams, Wingfield, Woolfolk— 
63. 

Noes —Messrs. Mason, (Pres’t.) Burgess, Caperton, Carlile, Cham¬ 
bers, Chambliss, Conway, Cox, Douglass, Edmunds, Edwards, Flood, 
Garland, Muscoe R. H. Garnett, Muscoe Garnett, Hopkins, Jasper, 
Lynch, Lyons, McComas, Jefferson T. Martin, Meredith, Miller, Moore, 
Purkins, Saunders, Robert E. Scott, Robert G. Scott, Seymour, Shell, 
Snowden, Southall, Stanard, Summers, Taylor, Trigg, Tunis, Wallace, 
Samuel Watts, White, Whittle, Willey, Wise, Wysor—44. 

Mr. Watts, of Norfolk county, moved to amend the Report in the 
1st article, by adding after the 5th section, the following new sec¬ 
tion : 

“ The State shall be divided into two gubernatorial districts, whereof 
the counties, cities and towns lying west of the Blue Ridge shall consti¬ 
tute one, and the counties, cities and towns lying east of the Blue Ridge 
shall constitute the other district. For the first term under this consti¬ 
tution, the Governor shall be taken from the State at large: thereafter, 
and for the second term, he shall be taken from the western district, and for 
the third term, from the eastern district; and the same alternation between 
east and west shall be observed in each succeeding term. The Governor 
and Lieutenant Governor shall not be taken, for the same term, from the 
same district.” 

The said amendment being under consideration, Mr. Carlile demanded 
the main question, which was ordered, and the amendment rejected, ayes 
27, noes 84. 


296 


On motion of Mr. Neeson, the vote was recorded as follows I 

Ayes —Messrs. Banks, Barbour, Bocock, Braxton, Burgess, Chambers, 
Chambliss, Cox, Edwards, Finney, Flood, Muscoe R. H Garnett, Muscoe 
Garnett, Hall, Lyons, McCandlish, Meredith, Purkins, Scoggin, Shell, 
Arthur R. Smith, Snowden, Stanard, Taylor, Tunis, Turnbull, Samuel 
Watts—27. 

Nays —Messrs. Mason, (Pres’t.) Armstrong, Arthur, Beale, Bird, Bland, 
Blue, Botts, Bowden, Bowies, Brown, Byrd, Camden, Caperton, Carlile, 
Dale Carter, Chapman, Conway, Deneale, Douglass, Edmunds, Faulkner, 
Fisher, Floyd, Fulkerson, Fultz, Fuqua, Gaily, Garland, Goode, Hays, 
Hill, Hoge, Hopkins, Hunter, Jacob, Jasper, Johnson, Jones, Kenney, 
Kilgore, Knote, Leake, Letcher, Ligon, Lionberger, Lucas, Lynch, Jef¬ 
ferson T. Martin, William Martin, Miller, Moore, Murphy, Neeson, New¬ 
man, Price, Rives, Saunders, Francis W. Scott, Seymour, Sheffey, Benja¬ 
min H. Smith, James Smith, Joseph Smith, William Smith, Snodgrass, 
Southall, Stephenson, Stuart, Summers, Tate, Tredway, Trigg, Van 
Winkle, Wallace, William Watts, White, Whittle, Willey, Samuel C. 
Williams, Wingfield, Wise, Woolfolk, Wysor—84. 

Mr. Faulkner moved to suspend the 8th rule so as to enable him to 
move a reconsideration of the vote yesterday, refusing to agree to a motion 
of Mr. Hunter to strike out the word “ native” from the 2d line of the 3d 
section, and 1st article of the report. 

The said motion being put to the Convention, was rejected, ayes 48, 
noes 63. 

, . On motion of Mr. Beale, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Barbour, Bird, Blue, Bowden, Brown, Byrd, 
Camden, Chapman, Chilton, Faulkner, Fisher, Floyd, Gaily, Garland, 
Hays, Hoge, Hopkins, Hunter, Jacob, Knote, Leake, Letcher, Lyons, 
Jefferson T Martin, Meredith, Murphy, Neeson, Purkins, Rives, Robert 
E. Scott, Sheffey, Arthur R. Smith, Joseph Smith, William Smith, 
Snodgrass, Snowden, Stanard, Stephenson, Summers, Tate, Trigg, 
Van Winkle, Wallace, William Watts, White, Samuel C. Williams, 
Wise—48. 

Noes —Messrs. Mason, (Pres’t.) Arthur, Banks, Beale, Bland, Bocock, 
Botts, Bowles, Burgess, Caperton, Carlile, Dale Carter, Chambers, Cham¬ 
bliss, Cocke, Conway, Cox, Deneale, Douglass, Edmunds, Edwards, 
Finney, Flood, Fulkerson, Fultz, Fuqua, Muscoe R. H. Garnett, Mus¬ 
coe Garnett, Goode, Hall, Hill, Jasper, Jones, Kenney, Kilgore, Ligon, 
Lionberger, Lucas, Lynch, McCandlish, William Martin, Miller, Moore’, 
Newman, Price, Saunders, Scoggin, Francis W. Scott, Seymour, Shell, 
Benjamin H. Smith, James Smith, Southall, Stuart, Taylor, Tredway’ 
Tunis, Turnbull, Samuel Watts, Whittle, Willey, Woolfolk, Wvsor— 
63. 

Mr. Williams, of Shenandoah, moved farther to amend the report 
in the same article, by adding the following new section after the 5th 
section: 

“ Every bill which shall have passed both houses shall be presented 
to the Governor: if he approve, he shall sign it, but if not, he shall 
return it with hisobjections to the house in which it shall have originated 
who shall enter the objections at large upon the journal, and proceed to 
reconsider it; if, after such reconsideration, a majority of all the mem- 


I 


29 


bers elected to that house shall agree to pass the bill, it shall be sent w, > 
the objections to the other house, by which it shall be likewise consid¬ 
ered, and if approved by a majority of all the members elected to that 
house, it shall be a iaw ; but in such cases the votes of both houses shall 
be determined by ayes and nays, and the votes for and against the bill 
shall be entered on the journal of each house respectively: If any bill 
shall not be returned by the Governor within three days (Sundays ex¬ 
cepted) after it shall have been presented to him, it shall be a law in like 
manner as if he had signed it, unless the General Assembly, by their ad¬ 
journment, prevent its return.” 

The said amendment being under consideration, Mr. Hunter deman¬ 
ded the main question, which was ordered, and the amendment rejected, 
ayes 22, noes 91. 

On motion of Mr. Flood, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Banks, Barbour, Douglass, Faulkner, 
Fisher, Fuqua, Hays, Jacob, Jones, Knote, McCandiish, Jefferson T. 
Martin, Murphy, Neeson, Arthur R. Smith, Tredway, Wallace, White, 
Samuel S. Williams, Wise, Wool folk—22. 

Noes —Messrs. Mason, (Pres’t.) Arthur, Beale, Bird, Bland, Blue, 
Bocock, Botts, Bowden,Bowles, Braxton, Brown,Burgess, Byrd, Camden, 
Ca'perton, Carlile, D. Carter, Chambers, Chambliss, Chapman, Chilton, 
Cocke, Conway, Cox, Deneale, Edmunds, Edwards, Finney, Flood, 
Floyd, Fulkerson, Fultz, Gaily, Garland, Muscoe R. H. Garnett, Mas¬ 
que Garnett, Goode, Hall, Hill, Hoge, Hopkins, Hunter, Jasper, Johnson, 
Kenney, Kilgore, Leake, Letcher, Ligon, Lionbergcr, Lucas, Lynch, 
Lyons, William Martin, Meredith, Miller, Moore, Newman, Price, Pur- 
kins, Rives, Saunders, Scoggin, Francis W. Scott, Robert E. Scott, Sey¬ 
mour, Shell, ShefFey, Benjamin H. Smith James Smith, Joseph Smith, 
William Smith, Snodgrass, Snowden, Southall, Stanard, Stephenson, Stu¬ 
art, Summers, Tate, Taylor, Trigg, Tunis, Turnbull, Samuel Watts, Wil¬ 
liam Watts, Whittle, Willey, Wingfield, Wysor— 91. 

The 6 th section of the 1st article as amended being under consideration, 
Mr. Summers moved to amend the same, by adding thereto, the following : 
“ He may also require the opinion in writing of the Attorney General upon 
all questions of law which it may become necessary for him to decide or 
act upon, in the discharge of the duties of his office."’ 

The question being,put upon the said amendment, it was agreed to. 

Mr. Letcher moved to suspend the 8th rule of the Convention, so as to 
enable him to move a reconsideration of the vote by which the Convention 
struck the words “ five thousand dollars” from the 4th section of the 1st 
article. 

Upon this motion, Mr. Muscoe Garnett demanded the main 
question, which was ordered, and the motion of Mr. Letcher agreed to, 
ayes 58, noes 53. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Bland, Blue, Botts, Bowden, Bowles, Bur¬ 
gess, Caperton, Carlile, Chilton, Cocke, Deneale, Edmunds, Faulker, 
Ferguson, Fisher, Floyd, Fultz, Gaily, Muscoe Garnett, Hays, Hopkins, 
Jacob, Johnson, Kenney, Letcher, Lucas, McCandiish, Jefferson. T. Mar¬ 
tin, William Martin, Meredith, Moore, Murphy, Price, Purkins, Saunders, 
Scoggin, Francis W. Scott, Robert E. Scott, Seymour, Sheffey, Arthur 

38 


300 


i 


Conway, Cox, Davis, Douglas, Edmunds, Edwards, Finney, Fisher, 
Flood, Garland, Musccoe R. 11. Garnett, Muscoe Garnett, Goode, Hall, 
Jones, Leake, Ligon, Lynch, Lyons, McCandlish, Wm. Martin, Meredith, 
Miller, Moore, Purkins, Hives, Scoggin, Francis W. Scott, R. E. Scott, 
Seymour, Shell. Arthur R. Smith, James Smith, Snowden, Southall, Staii- 
ard, Taylor, Tredway, Tunis, Turnbull, Wallace, Samuel Watts, White, 
Whittle and Wingfield—59. 

Nays —Messrs. Armstrong, Bird, Bland, Botts, Bowden, Brown, 
Camden. Caperton, Carlile, Chapman, Deneale, Faulkner, Ferguson, 
Floyd, Fulkerson, Fultz, Gaily, Hays, Hill, Doge, Hopkins, Hunter, 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lucas, Jefferson T. 
Martin, Murphy, peeson, Newman, Price, Saunders, Robert G. Scott, 
Sheffey, Benjamin II. Smith, Joseph Smith, William Smith, Snodgrass, 
Stephenson, Stuart, Summers, Tate, Trigg, Van Winkle, William Watts, 
Willey, Samuel C. Williams, Wise and Wysor—52. 

The question recurred upon reconsidering the vote aforesaid, and it was 
decided in the affirmative. 

Mr. Stanard then moved to strike out the said words, u unless they be 
equally divided,” and upon this Mr. White demanded the main question, 
which was ordered, and the motion of Mr. Stanard agreed to—ayes 58, 
noes 50. 

On motion of Mr. M. Garnett, the vote v/as recorded as follows : 

Jiycs —Messrs. Mason, (Pres’t.,) Arthur, Banks, Barbour, Beale, Blue, 
Bocock, Bowles, Braxton, Burgess, Chambliss, Chilton, Cocke, Conway, 
Cox, Davis, Douglas, Edmunds, Edwards, Finney, Flood, Fuqua, Gar¬ 
land, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Jones, Ken¬ 
ney, Leake, Ligon. Lynch, Lyons, McCandlish, Wm. Martin, Meredith, 
Moore, Parkins, Rives, Scoggin, Francis W. Scott, Robert. E. Scott, Sey¬ 
mour, Shell, Arthur R. Smith, James Smith, Snowden, Southall, Stanard, 
Taylor, Tredway, Tunis, Turnbull, W allace, S. Watts, White, Whittle and 
"Wingfield --58. 


Nays -Messrs. Armstrong, Bird, Bland, Potts, Brown, Camden, Ca¬ 
perton, Carlile, Dale Carter, Chapman, Deneale, Faulkner, Ferguson, Fish¬ 
er, Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, Hopkins, Hunter, Jacob, 
Johnson, Kilgore, Knote, Letcher, Lucas, Jefferson T. Martin, Murphy, 
Neeson, Newman, Price, Saunders, Robert G. Scott, Sheffey, Benjamin H. 
Smith, Joseph Smith, Snodgrass, Stephenson, Stuart, Summers, Tate, 
Trigg, Van Winkle, William Watts, Willey, Samuel C. Williams, Wise 
and Wysor—50. 


Mr. Furguson moved to suspend the 8th rule, so as to enable him to 
move a reconsideration of the vote agreeing to the 3rd section of the 2nd 
article in the report as amended. 

Upon this, Mr. Scott, of Caroline, demanded the main question, which 
was ordered, and the motion of Mr. Ferguson rejected, ayes 27, noes 82. 

On motion of Mr. Stanard, the vote was recorded as follows: 

Jhjcs —Messrs. Mason, (Pres’t.) Banks. Bird, Byrd, Chapman, Deneale, 
Ferguson, Flood, Fuqua, Garland, Muscoe Garnett, Hays, Hoge, Jones, 
Lynch, McCandlish, Murphy, Robert E. Scott, Seymour, Shell, Sheffey, 
Snodgrass, Southall, Wallace, Whittle, Samuel C. Williams, Woolfolk—27. 

Noes —Messrs. Armstrong, Barbour, Beale, Bland, Blue, Bocock, Botts, 
Bowles, Braxton, Brown, Burgess, Camden, Caperton, Carlile, Chambliss, 


301 


■Chilton, Cocke, Conway, Cox, Davis, Douglass, Edmunds, Edwards, 
Faulkner, Finney, Fisher, Floyd, Fulkerson, Fultz, Gaily, Muscoe R. H. 
Garnett, Goode, Hall, Hill, Hopkins, Hunter, Jacob, Jasper, Johnson, 
Kenney, Kilgore, Knote, Leake, Letcher, Ligon, i .ucas, Jefl'erson T. Mar¬ 
tin, William Martin, Meredith, Moore, Neeson, Newman, Price, Purkins, 
Iiives, Saunders, Scoggin, Francis W. Scott, Robert G. Scott, Arthur R. 
Smith, Benjamin H. Smith, James Smith, Joseph Smith, William Smith, 
Snowden, Stanard, Stephenson, Stuart, Summers, Tate, Taylor, Tredway, 
Trigg, Tunis, Turnbull, Van Winkle, Samuel Watts, William Watts, 
White, Willey, Wingfield, Wise—82. 

Mr. Blue moved to suspend the rule, to enable him to move a reconsid¬ 
eration of the vote by which the Convention refused to agree with the 
committee of the whole in their 17th amendment, being; an amendment to 
the first section of the 3d article. 

Mr. Carltle submitted a motion that the report and amendment be laid 
upon the table, and the motion was rejected. 

Mr. Blue’s motion was then agreed to. The question recurred upon re¬ 
considering the vote disagreeing to the said amendment, and was decided in 
the affirmative, ayes 61, noes 45. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Arthur, Barbour, Beale, Bland, Blue, 
Bocock, Bowles, Braxton, Byrd, Dale Carter, Chambliss, Chapman, Chil¬ 
ton, Cocke, Conway, Cox, Davis, Douglas, Edmunds, Edwards, Faulkner, 
Flood, Fulkerson, Muscoe R. H. Garnett, Goode, Hall, Hill, Jacob, Jones, 
Leake, Lyons,McCandlish, Wm. Martin, Meredith,Moore, Price, Saunders, 
Scoggin, F. W. Scott, R. E. Scott, Seymour, Shell, Arthur R. Smith, 
Benjamin H. Smith, James Smith, Snowden, Southall, Stanard, Summers, 
Taylor, Tredway, Tunis, Turnbull, Samuel Watts, Win. Watts, White, 
Whittle, Wingfield, Woolfolk—61. 

JYoes —Messrs. Armstrong, Banks, Bird, Botts, Bowden, Brown, Cam¬ 
den, Carlile, Deneale, Finney. Floyd, Fultz, Fuqua, Gaily, Garland* 
Hays, Hoge, Hopkins, Hunter, Jasper, Johnson, Kenney, Kilgore, Knote* 
Letcher, Ligon, Lucas, Murphy, Neeson, Newman, Rives, Robt. G. Scott* 
Sheffey, Joseph Smith, William Smith, Snodgrass, Stephenson, Stuart, 
Tate, Trigg, Van Winkle, Wallace, Willey, Samuel C. Williams, Wise 
—45. 

The question was then submitted upon agreeing with the committee in 
their seventeenth amendment, and was decided in the affirmative. 

The hour of two o’clock having arrived, the Convention took a re= 
cess. 


At half past four o’clock the President resumed the Chair, and 
Mr. Letcher moved to amend the 2d section of the 3d article, by stri¬ 
king it out, and inserting the following: 

“ A Treasurer and an Auditor shall be chosen at every election for a Gov¬ 
ernor, in the same manner, and continue in office for the same time, unless 
sooner removed. They shall be removable by the concurrent vote of a 
majority of both houses of the General Assembly. The powers and duties 
of said officers shall be such as now are, or may be hereafter prescribed by 
law,” 



302 


Mr. Scott, of Caroline, demanded a division of the question, and it was 
first propounded upon striking out the section, and decided in the affirma¬ 
tive, ayes 54, noes 48 

On motion of Mr Byrd, of Shenandoah, the vote was recorded as 
follows : 

Ayes —Messrs. Armstrong, Banks, Beale, Bird, Bland, Bocock, Bow¬ 
den, Brown, Camden, Carlile, Deneale, Ferguson, Finney, Fisher, 
Flood, Fultz, Fuqua, Gaily, Garland, Hays, Hoge, Hunter, Jasper, 
Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, Lionberger, Lucas, 
McCaudlish, McComas, Jefferson T. Martin, Miller, Moore, Murphy, 
Neeson, {Newman, Parkins., Rives, Robert G. Scott, Sheffey, William 
Smith, Snodgrass, Stephenson, ' I ’ate, Taylor, Trigg, Van Winkle, 
Willey, S. C Williams, Wise, Wysor—54.' 

Noes —Messrs. Mason, (Pres’t.) Arthur, Blue, Bowles, Braxton, Bur¬ 
gess, Byrd, Caperton, Dale Carter, Chambers, Chambliss, Chapman, 
Conway, Cox, Davis, Douglas, Edmunds, Faulkner, Fulkerson, Mus* 
coe Garnett, Goode, Hall, Hill, Jacob, Jones, Leake, Lynch, William 
Martin, Meredith, Price, Saunders, Scoggin, Francis W. Scott, Robert 
E. Scott, Arthur R. Smith, Benjamin H. Smith, James Smith, Snowden, 
Southall, Stuart, Summers, T red way, Tunis, Turnbull, Samuel Watts, 
White, Whittle, Wingfield—48. 

The Convention then agreed to the amendment of Mr. Letciter, 
ayes 54, noes 52. 

On motion of Mr. Byrd, of Shenandoah, the vote was recorded as 
follows: 

Ayes —Messrs. Armstrong, Banks, Beale, : Bird, Bland, Bocock, Bow¬ 
den, Brown, Camden, Carlile, Deneale, Faulkner, Ferguson, Finney, 
Fisher, Flood, Fultz, Fuqua, Gaily, Garland, Hays, Hoge, Hopkins, Hun¬ 
ter, Jasper, Johnson, Kilgore, Knote, Letcher, Ligon, Lionberger, Lucas, 
McCandlish, McComas, Jefferson T. Martin, Murphy, Neeson, Newman, 
Purkins, Rives, Robert G. Scott, Sheffey, Joseph Smith, William Smith, 
Snodgrass, Stephenson, Tate, Trigg, Van Winkle, Wallace, Willey, S. 
C. Williams, Wise, Wysor—54. 

Noes —Messrs. Mason, (Pres’t.) Arthur, Blue, Bowles, Braxton, Bur¬ 
gess, Byrd, Caperton, Dale Carter, Chambers, Chambliss, Chapman, Con¬ 
way, Cox, Davis, Douglas, Edmunds, Fulkerson, Muscoe Garnett, Goode, 
Hall, Hill, Jacob, Jones, Leake, Lynch, William Martin, Meredith, Mil¬ 
ler, Price, Saunders, Scoggin, Francis W. Scott, Robert E. Scott, Sey¬ 
mour, Arthur R. Smith, Benjamin H. Smith, James Smith, Snowden, 
Southall, Stanard, S uart, Summers, Taylor, Tredway, Tunis, Turnbull, 
Samuel Watts, William Watts, White, Whittle, Wingfield—52. 

Mr. Fisher submitted a motion to suspend the 8th rule, to enable 
him to move a reconsideration of the vote just taken ; and upon this 
motion he demanded the main question, which was ordered, and the 
motion rejected. 

Mr. Wise moved further to amend the report by striking therefrom the 
whole of the 4th article, and inserting in lieu thereof the following: 

“ 'There shall be a Board of Public Work®, which shall be composed 
of a principal, and such number of assistants as shall be authorized by 
law, who shall be scientific and practical topographers and civil engi¬ 
neers, and who shall be nominated by the Governor, and be appointed 


303 


by and with the advice and consent of the Senate. The duties, compen¬ 
sation, and term of office of said principal and assistants shall be pre¬ 
scribed by law.” 

Mr. Carlile demanded a division of the question, and it was first 
propounded upon striking nut ;he 4th article ; and upon this he deman¬ 
ded the main question, which was ordered, :,nd the Cmneniion refused 
to strike out, ayfis 50, noes 63. 

On motion of Mr. Tunis, the vote was recorded as follows : 

Ayes —Messrs. Bird, Bland, Blue, Bocock, Brown, Carlile, Dale Tar¬ 
ter, Chambers, Chilton, Edmunds, Ferguson, Finney, Flood, Fulkerson, 
Fuqua, Garland, Goode, Hays, Hill, Hoge, Hunter, Jacob, Kilgore, Li- 
gon, Lionberger, Lyons, McCandlish, Miller, Neeson, Rives, Scoggin, 
Francis W. Scott, Arthur R. Smith, James Smith, Joseph Smith, Snod¬ 
grass, Stanard, Taylor, Tredway, Trigg, Tunis, Turnbull, Wallace, S. 
Watts, Wm. Watts, Whittle, Samuel C. Williams, Wise, Woolfolk, Wy- 
sor—50. 

Noes —Messrs. Mason, (Pres’t.) Armstrong, Arthur, Banks, Barbour, 
Beale, Bowden, Bowles, Braxton, Burgess, Byrd, Camden, Caperton, 
Chambliss, Chapman, Cocke, Conway, Cox, Davis, Deneale, Douglas, 
Edwards, Floyd, Fultz, Gaily, Muscoe R. H. Garnett, Muscoe Garnett, 
Hall, Hopkins, Jasper, Johnson, Jones, Kenney, Leake, Letcher, Lucas, 
Lynch, McComas, Jefferson T. Martin, William Martin, Meredith, Moore, 
Murphy, Newman, Price, Purkins, Saunders, Robert E. Scott, Robert G. 
Scott, Seymour, Shell, Sheffey, Benjamin H. Smith, William Smith, Snow¬ 
den, Stephenson, Stuart, Summers, Tate, Van Winkle, White, Willey, 
Wingfield—63. 

Mr. Wise moved to amend the 4th article by adding thereto the fol- 

t 

shall be a board of census and statist cs, which shall be com¬ 
posed of a principal, and of such num ><-r o assistants as shall be author¬ 
ized by law, who sh ill be nominated by the governor, and be appointed 
by and with the advice and consent of the Senate. 

The duties, compensation and term of office of said principal and as¬ 
sistants shall be prescribed by law. 

The said amendment being submitted to the Convention, was re¬ 
jected. 

Mr. Purkins submitted a motion to suspend the 8th rule, so as to en¬ 
able him to move a reconsideration of the vote to-day, adopting the 
amendment to the 2d section of the 3d article, on motion of Mr. Let¬ 
cher. 

The question being about to be propounded, Mr. Ferguson objected 
that the motion of Mr. Purkins was not in order. 

The President decided that the motion was in order, and ought to 
be received; and from this decision of the Chair, Mr. Fekguson ap¬ 
pealed. 

Mr. Wise moved.that the Convention do adjourn, and the motion was 
rejected, ayes 19, noes 91. 

On motion of Mr. Tredwjiv, the vote was recorded as follows : 

Ayes —Messrs. Bowles, Braxton, Chambers, Chilton, Davis, Edwards, 
Fisher, Floyd, Garland, Hopkins, McCandlish, Saunders,' Robert E. Scott, 
Robert G. Scott, Shell, James Smith, Southall, Wallace, Wise—19. 


lowing 

Thei 


304 


V 


Noes —Messrs. Mason, (Pres’t.) Armstrong, Arthur, Banks, Barbour; 
Beale, Bird, Blarul, Blue, Bocock, Bowden, Brown, Burgess, Byrd, Cam- 
den, Caperton, Carlile, Chapman, Cocke, Conway, Deneale, Douglas, 
Edmunds, Ferguson, Finney, Flood, Fulkerson, Fultz, Fuqua, Gaily, 
Muscoe R. H. Garnett, Muscoe Garnett, Hall, Hays, Hill, Hoge, Hunter, 
Jacob, Jasper, Johnson, Jones, Kenney, Kilgore, Knote, .Leake, Letcher, 
Ligon, Lionberger, Lucas, Lynch, McComas, Jefferson T. Martin, William 
Martin, Meredith, Miller, Moore. Murphy, Neeson, Newman, Price, Pur- 
kins, Rives, Scoggin, Francis W. Scott, Seymour, Sheffey, Arthur R.. 
Smith, Benjamin H. Smith, James Smith, William Smith, Snodgrass, Snow¬ 
den, Stanard, Stephenson, Stuart, Summers, Tate, Taylor, Tredway, 
Trigg, Tunis, Turnbull, Samuel Watts, William Watts, White, Whittle, 
Willey, Samuel C. Williams, Wingfield, Woolfolk, Wysor—91. 

Upon the appeal taken by Mr. Ferguson, Mr. Newman demanded;, 
the main question which was ordered, and the question being put “ shall 
the decision of the Chair stand as the judgment of the Convention?” 
was decided in the affirmative. 

The question recurring upon the motion of Mr. Purkins, to suspend, 
the 8 th rule, Mr. Newman demanded the main question, which was or¬ 
dered, and the motion agreed to, ayes 58, noes 54; 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes— Messrs.Mason, (Pres’t.) Arthur, Blue, Bowles, Braxton, Burgess, 
Byrd, Caperton, Chambers, Chambliss, Chapman, Chilton, Cocke, Con¬ 
way,'Cox, Davis, Edmunds, Edwards, Fulkerson, Fultz, Muscoe R. H. 
Garnett, Muscoe Garnett, Goode, Hall, Hill, Jones, Leake, Lynch, Lyons, 
William Mariin, Meredith, Miller, Price, Purkins, Saunders, Scoggin, 
Francis W. Scott, Robert E. Scott, Seymour, Shell, Arthur R. Smith, 
Benjamin H Smith, James Smith, Snowden, Southall, Stanard, Stuart, 
Summers, Taylor, Tredway, Tunis, Turnbull, Samuel Watts, William 
Watts, White, Whittle, Wingfield, Woolfolk—58. 

Noes —Messrs. Armstrong, Banks, Barbour, Beale, Bird, Bland, Bocock, 
Bowden, Brown, Camden, Carlile, Deneale, Douglass, Ferguson, Fisher, 
Flood,Floyd, Fuqua, Garland, Hays,Hoge, Hopkins, Hunter,Jacob,Jasper, 
Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, Lionberger, Lucas, Mc- 
Candlish, McComas, Jefferson T. Martin, Moore, Murphy, Neeson, New¬ 
man, Rives, Robert G. Scott, Sheffey, Joseph Smith, William Smith, Snod¬ 
grass, Stephenson, Tate, Trigg, Van Winkle, Wallace, Samuer C. Wil¬ 
liams, Wise, Wysor—54. 

Mr. Purkins then moved to reconsider the vote adopting the amend¬ 
ment of Mr. Letcher to the 2d section of the 4th article; and on this 
he demanded the main question, which was ordered, and the motion 
agreed to, ayes 59, noes 52. 

On motion of Mr. Taylor, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Arthur, Blue, Bowles, Braxton, Bur¬ 
gess, Byrd, Caperton, Dale Carter, Chambers, Chambliss, Chapman, Chil-' 
ton, Cocke, Conway, Cox, Davis, Edmunds, Edwards, Fulkerson, Muscoe 
R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, Hunter, Jones, Leake,' 
Lynch, Lyons William Martin, Meredith, filler, Price, Purkins, Saun¬ 
ders, Scoggin, Francis W. Scott, Robert E. Scott, Seymour, Shell, Aithur 
R. Smith, Benjamin H. Smith, James Smith, Snowden, Southall, Stanard, 
Stuart, Summers, Taylor, Tredway, Tunis, Turnbull, Samuel Watts, 


/ 


305 


William Watts, Robert J. White, Whittle, Wingfield, Woolfolk—-59. 

Nays —Messrs. Armstrong, Banks, Barbour, Beale, Bird, Bland, Bo- 
cock, Bowden, Brown, Camden, Carlile, Deneale, Douglass Ferguson, 
Fisher, Flood, Floyd, Fultz, Fuqua, Garland, Hays, Hoge, Hopkins, 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, Lionberger, 
Lucas, McComas, Jefferson T. Martin, Moore, Murphy, Neesou, New¬ 
man, Rives, Sheffey, Joseph Smith, William Smith, Snodgrass, Ste¬ 
phenson, Tate, Trigg, Van Winkle, Wallace, Willey, Samuel C. Wil¬ 
liams, Wise, Wysor—52. 

The question then recurred upon inserting the amendment of Mr. 
Letcher in the blank created by striking out the section, and Mr. Sta¬ 
nard demanded the main question and was sustained, and the Conven¬ 
tion refused to insert the said amendment, ayes 53, noes 59. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Mason, Armstrong, Banks,Barbour,Beale,Bird, Bland, 
Bocock, Bowden, Brown, Camden, Carlile, Deneale, Ferguson, Fisher, 
Flood, Floyd Fultz, Fuqua, Garland, Hays, Hoge, Hopkins, Hunter, 
Jasper, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, Lucas, Mc- 
Candlish, McComas, Jefferson T. Marlin, Moore, Murphy, Neeson, 
Newman, Rives, Robert G. Scott, Sheffey, Joseph Smith, William Smith, 
Snodgrass, Stephenson, Tate, Trigg, Van Winkle, Wallace, Willey, S. 
C. Williams, Wise, Wysor—53. 

Noes —Messrs. Mason, (Pres’t.) Arthur, Biue, Bowles, Braxton, Bur¬ 
gess, Byrd, Caperton, Dale Carter, Chambers, Chambliss, Chapman, 
Chilton, Cocke, Conway, Cox, Davis, Edmunds, Edwards, Fulkerson, 
Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, Jacob, 
Jo nes, Leake, Lynch, Lyons, William Martin, Meredith, Miller, Price, 
Parkins, Saunders, Scoggin, Francis W. Scott, Robert E. Scott, Sey¬ 
mour, Shell, Arthur R. Smith, Benjamin H.Smith, James Smith, .Snow¬ 
den, Southall, Stanard, Stuart, Summers, Taylor, Tredwav, Tunis, 
Turnbull, Samuel Watts, William Watts, White, Whittle, Wingfield, 
Woolfolk—59. 

The question was then put upon reconsidering the vote, striking out 
the 2d section; and on this, Mr. Stanard demanded the main question, 
which was ordered, and the Convention agreed to reconsider, ayes 57, 
noes 52. 

On motion ofMr. Wise, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Arthur, Blue, Bowles, Braxton, Bur¬ 
gess, Byrd, Caperton, Dale Carter, Chambers, Chambliss, Chapman, 
Chilton, Cocke, Conway, Cox, Davis, Edmunds, Edwards, Fulkerson, 
Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, Jacob, Jones, 
Leake, Lynch, Lyons, W. Martin,Meredith,Miller, Price, Purkins, Saun¬ 
ders, Scoggin, Francis W. Scott, Robert E. Scott, Seymour, Shell, Ar¬ 
thur R. Smith, Beniamin H. Smith, James Smith, Snowden, Stanard, 
Stuart, Summers, Taylor, Tunis, Turnbull, Samuel Watts, William 
Watts, White, Whittle, Wingfield, Woolfolk—57. 

Noes —Messrs. Armstrong, Banks, Barbour, Beale, Bird, Bland, Bo¬ 
cock, Bowden, Brown, Camden, Carlile, Ferguson, Fisher, Flood, 
Floyd, Fultz, Fuqua, Garland, Hays, Hoge, Hopkins, Hunter, Jasper, 
Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, Lucas, McCandlish, 
McComas, Jefferson T. Martin, Moore, Murphy, Neeson, Newman, 

39 


306 


Rives, Robert G. Scott, Sheffey, Joseph Smith, Snodgrass, Southall, Ste¬ 
phenson, Tate, Trigg, Van Winkle, Wallace, Willey, Samuel G. Wil¬ 
liams, Wise, Wysor—52. 

Mr. Floyd moved to strike out the 2d section, and insert the fol¬ 
lowing : 

“ A Treasurer and Auditor shall be elected in such manner as may 
be prescribed by law, and shall hold their offices for the term of four 
years, unless sooner removed. The powers and duties ot said officers 
shall be such as now are or may be hereafter prescribed by law/' 

Mr. Wish: moved to amend the amendment by substituting therefor 
the following : 

“ A Treasurer and Auditor of Public Accounts shall be elected by the 
qualified voters of the State, and shall hold their offices for the term of 
years, unless sooner removed. Their powers and duties shall be 
such as may be prescribed by law.” 

Mr. Letcher moved that the Convention do adjourn, and the motion 
was rejected. 

Mr. Carlile moved to perfect the section to be sticken out, by stri¬ 
king therefrom all after the word “ by” in the first line, and inserting in 
lieu thereof, the following : 

“ The electors of the members of the General Assembly at the time and 
places where they respectively vote for members thereof.” 

Mr. Stanard demanded a division, and it was first put upon striking out 
the words indicated in the motion of Mr. Carlile, and decided in the ne¬ 
gative, ayes 46 noes 69. 

On motion of Mr. Carlile the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Banks, Barbour, Bird, Bland, Bocock, 
Bowden, Brown, Camden, Carlile, Ferguson, Fisher, Flood, Floyd, 
Fultz Fuqua, Garland, Hays, Hoge, Hopkins, Hunter, Johnson, Ken¬ 
ney, Kilgore, Knote, Letcher, Ligou, Lucas, McConias, Jefferson T. 
Mart n, Murphy, Neeson, Newman, Hives, Sheffey, Joseph Smith, 
Snodgrass, Stephenson, Tate, Trigg, Van Winkle, Wallace, Willey, S. 
C. Williams, Wise, Wysor—46. 

Noes —Messrs. Mason, (Pres’t.) Arthur, Blue, Bowles Braxton, Bur¬ 
gess, Byrd, Caperton, Dale Carter, Chambers, Chambliss, Chapman, 
Chilton, Cocke, Conway, Cox, Davis, Edmunds, Edwards, Fulkerson, 
Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, Jacob, Jones, 
Leake, Lynch, Lyons, William Mart n, Meredith, Miller, Price, Pur- 
kins, Saunders, Scoggin, Francis W. Scott, Robert E. Scott, Robert G. 
Scoit, Seymour, Shell, Arthur R. Smith, Benjamin H. Smith, James 
Smith, Snowden, Southall, Stanard, Stuart, Summers, Taylor, Tunis, 
Turnbull, Samuel Watts, William Watts, White, Whittle, Wingfield, 
Woolfolk—59. 

Mr. Wise then, by leave of the Convention withdrew his amendment. 

Mr. Letcher moved that the Convention do adjourn, and the motion 
was rejected. 

The question recurred upon the amendment of Mr. Floyd, and Mr. 
Stuart, of Patrick, demanded a division, and it was first propounded upon 
striking out the 2d section. Mr. Newman demaneded the main question 
and it was ordered, and the Convention refused to strike out, ayes 42, 
noes 58. 


307 


On motion of Mr. F erguson, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Banks, Bird, B >cock, Bowden, Carlile, 
Ferguson, Kis’ier, Flood, Floyd, Fultz, Fuqua, Garland, Hays, lloge, 
Hopkins, Himtor, Johnson, Kenney, Kilgore, Kn »te, Ligon, Lucas, Jef¬ 
ferson I'. Martin, Miller, Murphy, Neeson, Newman, Hives, Robert G. 
Scott, Siietfey, Joseph Smith, Snodgrass, Stephenson, Tate, Trigg, Vail 
Winkle, Wallace, Willey, Samuel C. Williams, Wise, Wysor—42. 
Noes —Messrs. Mason, (Pres’t.) Arthur, Barbour, Blue, Bowles, Brax- 



Jacob, Jones, Leake, Letcher, Lynch, Lyons, Meredith, Price, Burkins, 
Saunders, Scoggin, Franci< W. Scott, Robert E. Scott, Seymour, Shell, 
Arthur R. Smith, Beuj. H. Smith, James Smith, Snowden, Southall, 
Staiiard, Stuart, Summers, Taylor, r lTinis, i urnbull, Samuel Watts, 
William Watts, White, Whittle, Wingfield, Wonlfolk—58. 

So that the amendment of Mr. F loyd was not agreed to. 

Mr. Wi lliams, of Shenandoah, moved to strike out the 4th article, and 
insert insert in lieu thereof the following : 

“ The Legislature shall, at its first session after the adoption of this con¬ 
stitution, provide for the organization of a Board of Public Works, to be 
composed of not less than three nor more than five commissioners; shall 
prescribe the term of office, their duties, and fix their compensation. The 
said commissioners shall be elected by the qualified voters in the manner 
prescribed by law.” 

The question being propounded upon the said amendment, it was 
rejected. 

Mr. Snowden moved that the Convention do adjourn ; but afterwards, 
on his motion, leave was given him to withdraw the motion. 

Mr. Price moved that the Convention take up and consider the report 
of the committee of the whole upon the right of suffrage, and qualfications 
of persons to be elected. 

Mr. Letcher moved that the Convention do adjourn, and the motion 
was rejected. 

Mr. Stanakd demanded the main question upon the motion of 
Mr. Price, and it was ordered, and the motion agreed to, ayes 65, 
noes 29. 

On motion of Mr. Stephenson, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Armstrong, Arthur, Banks, Barbour, 
Bland, Blue, Bowden, Brown, Byrd, Camden, Caperton, Dale Carter, 
Chapman, Chilton, Cocke, Conway, Edwards, Faulkner, Finney, Ful¬ 
kerson, Garland, Muscoe Garnett, Hall, Hill, Hunter, Jacob, Johnson, 
Jones, Kenney, Kilgore, Leake, Ligon, Lucas, Lyons, Meredith, Miller, 
Neeson, Newman, Price, Purkius, Saunders, Scoggin, Robert E. Scott, 
Seymour, Shell, ShefFey, Arthur K. Smith, Benjamin H. Smith, 
Snowden, Southall, Stanard, Stuart, Summers, Taylor, Trigg, Tunis, 
Turnbull, William Watts, White, Whittle, Willey, Wingfield, Woolfolk, 


Wysor—65. 

Noes —Messrs. Beale, Botts, Bowles, Braxton. Carlile, Davis, Ed¬ 
munds, Ferguson, Fisher, Flood, Floyd, Muscoe R. H. Garnett, Goode, 
Hays, Letcher, Lynch, Jefferson T. Martin, Murphy, Rives, Francis 


308 


* 


W. Scott, Robert G. Scott, Joseph, Smith, Snodgrass, Stephenson, Van 
Winkle, Wallace, Samuel Watts, Samuel C. Williams—29. 

On motion of Mr. Lynch, the Convention then adjourned. 


Wednesday’, July 16, 1851. 

The Convention met pursuant to adjournment, and was opened 
with prayer by the Rev. Mr. Moore, of the Presbyterian church. 

On motion of Mr. Tredway, 

Ordered , That the reading of the journal be dispensed with. 

Mr. Tredway submitted the following resolution : 

Resolved , That no standing rule of this body shall be suspended,, 
unless by a vote of two-thirds of the members present. 

Mr. Letcher moved to lay the said resolution upon the table, and 
the motion was rejected. 

The question recurring upon the adoption of the resolution, Mr. 
Letcher called the previous question, but the Convention refused to 
sustain the call—ayes 42, noes 57. 

On motion of Mr. Taylor, the vote was recorded as follows : 

Ayes— Messrs. Banks, Bland, Bowden, Camden, Caperton, Carlile, 
Chapman, Deneale, Floyd, Fulkerson, Gaily, Hays, Hoge, Jacob, John¬ 
son, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, Murphy, 
Neeson, Newman, Price, Rives, Seymour, Sheffey, Benj. H. Smith, 
Joseph Smith, William Smith, Snodgrass, Stephenson, Summers, Tate, 
Tredway, Trigg, Van Winkle, White, Willey, Samuel C. Williams, 
Wysor—42. 

Noes— Messrs. John Y. Mason, (Pres’t,) Arthur, Barbour, Beale, 
Mark Bird,Bocock, Bowles, Braxton, Burgess, Chambers, Chambliss, 
Chilton, Cocke, Conway, Davis, Douglas, Edmunds, Edwards, Faulk¬ 
ner, Finney, Flood, Fuqua, Garland, Muscoe R. H. Garnett, Muscoe 
Garnett, Goode, Hall, Hill, Jasper, Jones, Ligon, Lynch, Jefferson T. 
Martin, William Martin, Meredith, Miller, Moore, Parkins, Scoggin, 
Francis W. Scott, Robert G. Scott, Shell, Arthur R. Smith, J. Smith, 
Snowden, Southall, Stanard, Archibald Stuart, Taylor, Tunis, Turn- 
bull, Wallace, Samuel Watts, William Watts, Whittle, Wingfield, 
Wise—57. 

Mr. Purkins moved to amend the resolution, by adding thereto the 
following: 

“ Provided ', That a majority may suspend said rule, at any time, to 
reconsider the question of the basis of representation. 5 ’ 

On motion of Mr. M. R. H. Garnett, 

Ordered , That the resolution and amendment be laid on the table— 
ayes 65, noes 37. 

On motion of Mr. Hunter, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Bocock, Bowden, Bowles, Braxton, Burgess, Chambers, Cham¬ 
bliss, Chilton, Cocke, Conway, Davis, Douglas, Edmunds, Edwards, 
Faulkner, Finney, Flood, Fuqua, Muscoe R. H. Garnett, Muscoe Gar¬ 
nett, Goode, Hall, Hays, Hill, Jasper, Jones, Kenney, Knote, Leake, 
Ligon, Lynch, Lyons, Jefferson T. Martin, William Martin, Meredith, 
Miller, Price, Purkins, Scoggin, Francis W. Scott, Robert G. Scott, 
Seymour, Shell, Arthur R. Smith, James Smith, Snowden, Southall, 



309 


Stanard, Archibald Stuart, Taylor, Tunis, Turnbull, Wallace, Samuel 
Watts, W. Watts, Whittle, Willey, Wingfield, Wise, Woolfolk—65. 

Noes —Messrs. Bland, Camden, Caperton, Carlile, Chapman, De- 
neale, Fisher, Floyd, Gaily, Garland, Hoge, Hunter, Jacob, Johnson, 
Kilgore, Letcher, Lionberger, Lucas, McComas, Moore, Murphy, Nee- 
son, Rives, Sheffey, Benjamin H. Smith, Joseph Smith, William 
Smith, Snodgrass, Stephenson, Summers, Tate, Tredway, Trigg, Van 
Winkle, White, Samuel C. Williams, Wysor—37. 

The President announced the following committee, under a reso¬ 
lution of Mr. Brown, upon preparing a schedule, if one be necessary, 
to append to the constitution : 

Messrs. Brown, Faulkner, Southall, Fulkerson and Jones. 

The President announced the following committee upon the en¬ 
grossment of the constitution: 

Messrs. Sheffey, Goode, Summers, Wise, Scott, of Fauquier, Miller, 
Bocock, Beale and Van Winkle. 

On motion of Mr. Sheffey, 

Ordered , That the reports of the committee of the whole, upon the 
bill of rights, and upon the executive department, be referred to the 
committee on engrossment. 

On motion of Mr. Watts, of Norfolk county, 

Ordered , That a committee of three be appointed to prepare the en¬ 
rolment of the constitution. 

Mr. Sheffey submitted the following resolution : 

Resolved , That no motion to suspend the 8th rule, shall be enter¬ 
tained until after one day’s notice of such motion, and of its purpose— 
a statement of which shall be entered on the journal. 

Mr. Wysor demanded the main question upon the said resolution, 
and it was ordered. 

Mr. Fisher demanded that the vote upon the resolution, be recor¬ 
ded, but the demand was not seconded. 

The resolution of Mr. Sheffey was then adopted. 

The Convention then proceeded to consider the report of the com¬ 
mittee of the whole upon the <•' right of suffrage, and qualifications of 
persons to be elected.” 

All of the amendments of the said committee were, upon motions re¬ 
spectively made, agreed to by the Convention. 

The Convention then proceeded to the second reading of the report 
as amended. 

Mr. Taylor moved to lay the same upon the table, and the motion 
was rejected. 

In article 1st, section 1st, line 9, Mr. Price moved to amend the re¬ 
port by inserting the word “ no” before the word “ non-commissioned” 
in the first amendment of the committee of the whole. 

The said amendment was agreed to. 

On motion of Mr. Wise, the said report was amended by striking 
out from the 12th and 13th lines of the 1st section, article 1st, the 
words “ nor any naturalized citizen until he shall have taken the oath 
of allegiance to this commonwealth.” 

In the same article and section, after the word “ election” in the 5th 
line, Mr. M. Garnett moved to insert the following, l( and shall have 
paid the capitation tax, provided for by this constitution.” 


310 


Mr. Flood moved to amend the same, by striking it out and insert¬ 
ing in lieu thereof the following, “and who shall have paid the reve¬ 
nue tax and county levy, with which he may have been assessed for 
the preceding year.” 

Mr. Conway demanded a division of the question, and it was first 
propounded upon striking out the amendment of Mr. Garnett, and de¬ 
cided in the affirmative—ayes 82, noes 27. 

On motion of Mr. Smith, of Jackson, the vote was recorded as fol¬ 
lows : 

Ayes— Messrs. Armstrong, Arthur, Barbour, Mark Bird, Bland, 
Blue. Bocock, Botts, Bowden, Bowles, Burgess, Camden, Caperton, 
Carlile, Dale Carter, Chambers, Chambliss, Chapman, Chilton, 
Cocke, Cox, Davis, Deneale, Edwards, Flood, Floyd, Fulkerson, 
Fultz, Fuqua, Gaily, Garland, Hays, Hill, Hoge, Hunter, Jacob, Jas¬ 
per, Johnson, Jones, Kenney, Kilgore, Knote, Leake, Letcher, Ligon, 
Lionberger, Lucas, Lynch, Lyons, McCandlish, McComas, Jefferson 
T. Martin, William Martin, Miller, Murphy, Neeson, Newman, Saun¬ 
ders, Robert G. Scott, Seymour, Shell, Sheffey, Benjamin H. Smith, 
Jos. Smith, William Smith, Snowden, Stephenson, Archibald Stuart, 
Summers, Tate, Tredway, Trigg, Van Winkle, Wallace, Wm. Watts, 
White, Whittle, Willey, Samuel C. Williams, Wingfield, Wise, Wy- 
sor—82. 

Noes —Messrs. John Y. Mason, (Pres’t,) Banks, Beale, Braxton, 
Conway, Edmunds, Finney, Fisher, M. R. H. Garnett, Muscoe Gar¬ 
nett, Goode, Hall, Hopkins, Meredith, Moore, Purkins, Rives, Scoggin, 
Francis W. Scott, Robert E. Scott, Arthur R. Smith, James Smith, 
Southall, Taylor, Turnbull, Samuel Watts, Woolfolk—27. 

The question then recurred upon inserting the amendment of Mr. 
Flood, and was decided in the negative—ayes 5U, noes 59. 

On motion of Mr. Lyons, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Beale, Mark Bird, Bocock, 
Bowles, Braxton, Burgess, Dale Carter, Chambers, Chilton, Cocke, 
Conway, Cox, Davis, Edmunds, Edwards, Finney, Flood, Fuqua, 
Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, 
Hunter, Jasper, Jones, Kenney, Leake, Ligon, Lucas, Lynch, Lyons, 
William Martin, Murphy, Saunders, Francis W. Scott, Robert E. 
Scott, Seymour, Shell, James Smith, Snowden, Southall, Taylor, 
Tredway, Tunis, Whittle, Wingfield, Woolfolk—50. 

Noes— Messrs. Armstrong, Arthur, Banks, Barbour, Bland, Blue, 
Botts, Bowden, Camden, Caperton, Carlile, Chambliss, Chapman, 
Deneale, Faulkner, Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, 
Hoge, Jacob, Johnson, Kilgore, Knote, Letcher, Lionberger, McCan¬ 
dlish, McComas, Jefferson T. Martin, Meredith, Miller, Moore, Nee¬ 
son, Newman, Purkins, Rives, Scoggin, Sheffey, Arthur R. Smith, 
Benjamin H. Smith, Joseph Smith, William Smith, Stephenson, Archi¬ 
bald Stuart, Summers, Tate, Trigg, Turnbull, Van Winkle, YVallace, 
Samuel Watts, William Watts, YVhite, Willey, Samuel C. Williams, 
YVise, Wysor—59. 

Mr. M. Garnett moved to amend the report by inserting at the same 
point the following : 

“ And shall have paid days before the day of election, the ca¬ 

pitation tax for the preceding year, provided for by this constitution.” 


311 

Upon the said amendment Mr. Garnett demanded the main 
question, which was ordered, and the amendment rejected—ayes 52, 

noes 58. 

On motion of Mr. Lyons, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Beale, Bocock, Bowles, 
Braxton, Bmgess, Dale Carter, Chambers, Chambliss, Cocke, Con¬ 
way, Cox, Davis, Douglas, Edmunds, Flood, Fuqua, Garland, M. R. 
H. Garnett, Muscoe Garnett, Goode, Hall, Hill, Hunter, Jones, Ken¬ 
ney, Leake, Ligon, Lucas, Lynch, William Martin, Meredith, Moore, 
Murphy, Purkins, Rives, Saunders, Scoggin, Francis W. Scott, Sey¬ 
mour, Shell, Arthur R. Smith, James Smith, Southall, Stanard, Tay¬ 
lor, Tredway, Tunis, Turnbull, S. Watts, Whittle, Wingfield—52. 

Noes —Messrs. Armstrong, Arthur, Banks, Barbour, Mark Bird, 
Bland, Blue, Botts, Bowden, Camden, Caperton, Carlile, Chapman, 
Chilton, Deneale, Edwards, Finney, Fisher, Floyd, Fulkerson, Fultz, 
Gaily, Hays, Hoge, Jacob, Jasper, Johnson, Kilgore, Knote, Letcher, 
Lionberger, Lyons, McCandlish, McComas, J. T. Martin, Miller, Nee- 
son, Newman, R. E. Scott, ShefFey, B. H. Smith, J. Smith, William 
Smith, Snowden, Stephenson, Archibald Stuart, Summers, Tate, 
Trigg, Van Winkle, Wallace, William Watts, White, Willey, Samuel 
C. Williams-, Wise, Woolfolk, Wysor—58. 

Mr. Beale moved to amend the report, by inserting, at the same 
point, the following : 

“ And who shall have paid a revenue tax, or county levy, during the 
twelve months next preceding the election at which he offers to vote.” 

Mr. Lyons moved to amend the amendment by substituting there¬ 
for the following : 

“ Unless he shall have paid the revenue taxes, with which he may 
have been assessed, for the preceding year.” 

Mr. Letcher demanded a division, and the question was first sta¬ 
ted to be upon striking out the amendment of Mr. Beale, and upon 
this Mr. Smith, of Greenbrier, demanded the main question, which 
was ordered, and the Convention agreed to strike out the amendment 
of Mr. Beale— ayes 78, noes 33. 

On motion of Mr. Smith, of Jackson, the vote was recorded as fol¬ 
lows : 

Ayes— Messrs. Armstrong, Arthur, Banks, Barbour, Mark Bird, 
Bland, Blue, Bolts, Bowden, Camden, Caperton, Carlile, Dale Carter, 
Chambers, Chambliss, Chapman, Deneale, Douglas, Edmunds, Ed¬ 
wards, Faulkner, Ferguson. Finney, Fisher, Floyd, Fulkerson, Fultz, 
Gaily, Garland, Goode, Hoge, Hunter, Jacob, Jasper, Johnson, Jones, 
Kilgore, Knote, Leake, Letcher, Ligon, Lionberger, Lucas, Lyons, 
McCandlish, McComas, Jefferson T. Martin, William Martin, Mere¬ 
dith, Miller, Moore, Murphy, Neeson, Newman, Scoggin, Robert E. 
Scott, Shell, ShefFey, Benjamin H. Smith, Joseph Smith, Wm. Smith, 
Snowden, Southall, Stephenson, Archibald Stuart, Summers, Tate, 
Tredway, Trigg, Turnbull, Van Winkle, Wallace, Wm. Watts, White, 
Willey, Wise, Woolfolk, Wysor—78. 

Noes —Messrs. John Y. Mason, (Pres’t,) Beale, Bocock, Bowles, 
Burgess, Chilton, Cocke, Conway, Cox, Davis, Fuqua, Muscoe R. H. 
Garnett, Muscoe Garnett, Hall, Hays, Hill, Hopkins, Kenney, Lynch, 
Purkins, Rives, Saunders, Francis W. Scott, Robert G. Scott, Sey- 


♦ 


312 

mour, Arthur R. Smith, James Smith, Taylor, Tunis, Samuel Watts y 
Whittle, Samuel C. Williams, Wingfield—33. 

The question then recurred upon inserting the amendment of Mr. 
Lyons, and was decided in the negative—ayes 47, noes 66. 

On motion of Mr. Lyons, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Beale, Bocock, Bowles, 
Braxton, Brown, Burgess, Chambers, Chilton, Cocke, Conway, Cox, 
Douglas, Edmunds, Edwards, Faulkner, Finney, Flood, Garland, M. 
R. H. Garnett, Goode, Hall, Hunter, Jasper, Jones, Kenney, Leake, 
Ligon, Lucas, Lynch, Lyons, William Martin, Murphy, Saunders, F. 
W. Scott, Robert E. Scott, Robert G. Scott, Seymour, Shell, J. Smith, 
Southall, Taylor, Tredway, Tunis, White, Whittle, Wingfield, Wool- 
folk—47. 

Noes —Messrs. Armstrong, Arthur, Banks, Barbour, M. Bird, Bland, 
Blue, Botts, Bowden, Camden, Caperton, Garble, Dale Carter, Cham¬ 
bliss, Chapman, Davis, Deneale, Ferguson, Fisher, Floyd, Fulkerson, 
Fultz, Fuqua, Gaily, Muscoe Garnett, Hays, Hoge, Hopkins, Jacob, 
Johnson, Kilgore, Knote, Letcher, Lionberger, McCandlish, MoComas, 
Jefferson T. Martin, Meredith, Miller, Moore, Neeson, Newman, Pur- 
kins, Rives, Scoggin, Shelfey, Arthur R. Smith, Benjamin H. Smith, 
Joseph Smith, William Smith, Snodgrass, Snowden, Stephenson, A. 
Stuart, Summers, Tate, Trigg, Turnbull, Van Winkle, Wallace, Sam’l 
Watts, William Watts, Willey, Samuel C. Williams, Wise, Wysor—66. 

Mr. Edwards moved to amend the report, at the same point, by in¬ 
serting the following : 

u And who shall have paid, before he offers to vote, the county and 
parish levies with which he may have been assessed for the preceding 
year.” 

The said amendment was rejected by the Convention—ayes 38, 
noes 72. 

On motion of Mr. Edwards, the vote was recorded as follows : 

A\ r Es —Messrs. Beale, Bowles, Braxton, Burgess, Chambers, Chil¬ 
ton, Cocke, Conway, Cox, Davis, Edmunds, Edwards, Finney, 
Flood, Garland, Muscoe R. H. Garnett, Goode, Hall, Jasper, Jones, 
Kenney, Ligon, Lynch, Lyons, William Martin, Rives, Saunders, F. 
W. Scott, Robert E. Scott, R. G. Scott, Seymour, Jas. Smith, Snow¬ 
den. Southall, Taylor, Whittle, Wingfield, Woolfolk—38. 

Noes —Messrs. Jno. Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Mark Bird, Bland, Blue, Botts, Bowden, Camden, Caperton, 
Garble, Dale Carter, Chambliss, Chapman, Deneale, Douglas, Faulk¬ 
ner, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Fuqua, Gaily, Hays, 
Hill, Hoge, Hopkins, Hunter, Jacob, Johnson, Kilgore, Knote, Leake, 
Letcher, Lionberger, Lucas, McCandlish, McComas, Jefferson T. 
Martin, Meredith, Miller, Moore, Murphy, Neeson, Newman, Purkins, 
Scoggin, Shell, Sheffey, Arthur R. Smith, Benjamin H. Smith, Joseph 
Smith, W. Smith, Snodgrass, Stephenson, Archibald Stuart, Summers, 
Tate, Trigg, Turnbull, Van Winkle, Wallace, Samuel Watts, William 
Watts, White, Willey, Sam’l C. Williams, Wise, Wysor—72. 

Mr. Chambliss moved to amend the report at the same point by in¬ 
serting the following, “ and shall have paid his capitation tax, within 
twelve months next preceding the election.” 

Mr. Cocke moved to amend by substituting therefor the following : 


813 

“ And shall not have been returned delinquent the preceding year for 
his public tax nor county levy.” 

Afterwards Mr. Cocke asked to withdraw his amendment, and ob¬ 
jection being made, on motion of Mr. Woolfolk, leave was granted 
him. 

Mr. Purkins moved to amend the amendment, by adding thereto 
the following, u to be paid at least two months preceding the election.” 

The said amendment being under consideration, Mr. Letcher de¬ 
manded the main question, which was ordered, and the amendment 
rejected—ayes IT, noes 89. 

On motion of Mr. Purkins, the vote was recorded as follows : 

Ayes —Messrs. Beale, Braxton, Chambers, Chilton, Cocke, Deneale, 
Douglas, Edwards, Muscoe R. H. Garnett, Hall, Hill, Hopkins, Jones, 
Purkins, James Smith, Southall, Taylor—17. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Mark Bird, Bland, Blue, Bocock, Botts, Bowden, Bowles, 
Brown, Burgess, Camden, Carlile, Dale Carter, Chambliss, Chapman, 
Conway, Cox, Davis, Edmunds, Faulkner, Ferguson, Finney, Fisher, 
Flood, Floyd, Fulkerson, Fultz, Gaily, Garland, Muscoe Garnett, 
Hays, Hoge, Hunter, Jacob, Jasper, Johnson, Kenney, Kilgore, Knote, 
Leake, Letcher, Ligon, Lionberger, Lucas, Lynch, McComas, J. T. 
Martin, Win. Martin, Meredith, Miller, Moore, Murphy, Neeson, New¬ 
man, Rives, Saunders, Scoggin, Francis W. Scott, Robert E. Scott, 
Seymour, Shell, Sheffey, Arthur R. Smith, Benjamin H. Smith, Jos. 
Smith, William Smith, Snowden, Stephenson, Archibald Stuart, Sum¬ 
mers, Tate, Tredway, Trigg, Tunis, Turnbull, Van Winkle, Wallace, 
Samuel Watts, William Watts, White, Whittle, Willey, S. C. Williams, 
Woolfolk, Wysor—89. 

The question recurring upon the adoption of the amendment of Mr. 
Chambliss, Mr. Smith, of Norfolk county, demanded the main ques¬ 
tion, which was ordered, and the amendment, rejected—ayes 51, 
noes 61. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Beale, Bocock, Bowles, 
Braxton, Burgess, Chambers, Chambliss, Chilton, Cocke, Conway, 
Cox, Davis, Douglas, Edmunds, Finney, Flood, Garland, M. R. H. 
Garnett, M. Garnett, Goode, Hall, Hunter, Jones, Kenney, Leake, Li¬ 
gon, Lucas, Lynch, Wm. Martin, Meredith, Moore, Murphy, Rives, 
Saunders, Scoggin, F. W. Scott, R. G. Scott, Shell, A. R. Smith, 
James Smith, Southall, Stanard, Taylor, Tredway, Tunis, Turnbull, 
Samuel Watts, Whittle, Wingfield, Woolfolk—51. 

Noes —Messrs. Armstrong, Arthur, Banks, Barbour, Mark Bird, 
Bland, Blue, Botts, Bowden, Camden, Carlile, Dale Carter, Chapman, 
Deneale, Edwards, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Fu¬ 
qua, Gaily, Hays, Hill, Hoge, Hopkins, Jacob, Jasper, Johnson, Kil¬ 
gore, Knote, Letcher, Lionberger, McCandlish, McComas, Jefferson 
T. Martin, Miller, Neeson, Newman, Purkins, Robert E. Scott, Sey¬ 
mour, Sheffey, Benjamin H. Smith, Joseph Smith, William Smith, 
Snodgrass, Snowden, Stephenson, Archibald Stuart, Summers, Tate, 
Trigg, Van Winkle, Wallace, William Watts, White, Willey, Sam’l C. 
Williams, Wyse, Wysor—61. 

40 


314 


Mr. Botts moved farther to amend the report in the same section, 
in the 6th line, by inserting after the word “ person” the following: 

“ But no person who shall remove from one county, city, or town, 
in a congressional, senatorial, or election district, into another county, 
city, or town in the same congressional, senatorial, or election district, 
shall lose his right to vote, in the place from which he removed, by 
virtue of his change of residence, for one year after such removal ; and 
in any general election by the whole state, he shall not lose his right 
to vote, in consequence of his change of residence, from one part ot 
the state to another.” 

The said amendment being under consideration, Mr. Carlile de¬ 
manded the main question, which was ordered, and the amendment 
rejected—ayes 45, noes 55. 

On motion of Mr. Botts, the vote was recorded as follows : 

Ayes —Messrs. Mark Bird, Bowden, Burgess, Camden, Chambers, 
Chapman, Cocke, Conway, Finney, Floyd, Fultz, Gaily, Garland, M. 
Garnett, Hunter, Kilgore, Letcher, Ligon, Lyons, McCandlish, McCo- 
mas, Jetferson T. Martin, William Martin, Meredith, Saunders, Robert 
E. Scott, Sheffey, Joseph Smith, Snowden, Stanard, Stephenson, A. 
Stuart, Summers, Taylor, Trigg, Tunis, Van Winkle, Wallace, Sam’l 
Watts, W. Watts, White, Samuel C. Williams, Wingfield, Wise—45. 

Noes— Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Beale, Bland, Blue, Bocock, Bowles, Braxton, Caperton, 
Cailile, Dale Carter, Chambliss, Chilton, Cox, Deneale, Douglas, Ed¬ 
munds, Edwards, Ferguson, Fulkerson, Fuqua, Muscoe R. H. Gar¬ 
nett, Hall, Hays, Hill, Hopkins, Jacob, Johnson, Jones, Kenney, 
Leake, Lionberger Lucas, Lynch, Moore, Murphy, Neeson,Newman, 
Price, Purkins, Rives, Scoggin, Francis W. Scott, Robert G. Scott, 
Shell, Arthur R. Smith, James Smith, Snodgrass, Tate, Tredway, 
Turnbull, Whittle—55. 

Mr. Williams, of Shenandoah, moved to amend, in the same sec¬ 
tion, 9th line, by inserting after the word u state,” the following : 

u And no person who shall be returned delinquent, for the non-pay¬ 
ment of the revenue tax, for the preceding year, and shall not have 
paid the same before offering to vote.” 

Upon the said amendment Mr. Ferguson demanded the main ques¬ 
tion, which was ordered, and the amendment rejected—ayes 47, 
noes 55. 

On motion of Mr. Smith, of Jackson, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Banks, Mark Bird, Bo¬ 
cock, Bowles, Braxtm, Burgess, Dale Carter, Chambers, Chilton, 
Cocke, Conway, Cox, Deneale, Douglas, Fdmunds, Flood, Garland, 
Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Jones. Kenney, 
Leake, Lucas, Lynch, Lyons, William Martin, Moore, Murphy, Rives, 
Saunders, Francis W. Scott, Robert G. Scott, Seymour, Shell, Arthur 
R. Smith. James Smith, Southall, Taylor, Tredway, Samuel Watts, 
William Watts, Whittle, Sam’l C. Williams, Wingfield, Woolfolk—47. 

Noes —Messrs. Armstrong, Arthur, Barbour, Beale, Bland, Blue, 
Botts, Bowden, Camden, Caperton, Carlile, Chapman, Edwards, Fer¬ 
guson, Finney, Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, Hill, 
Hoge, Hopkins, Jacob, Johnson, Kilgore, Knote, Letcher, Lionberger, 


315 


McCandlish, McComas, Jefferson T. Martin, Meredith, Neeson, New¬ 
man, Purkins, Scoggin, Robert E. Scott, Sheffey, Benjamin H. Smith, 
Joseph Smith, William Smith, Snodgrass, Stephenson, Archibald Stu¬ 
art, Summers, Tate, Trigg, Turnbull, Van Winkle, Wallace, Willey, 
Wise, Wysor—55. 

Mr. Banks moved, farther to amend the report, by adding after the 
word u provided” in the 6th line of the 1st section, the following: 

u That no person shall be permitted to vote, who for thirty days 
prior to the election, shall have been returned as a delinquent, in the 
payment of the capitation tax (for the calendar year next preceding) 
required by this constitution, and who at the time of offering to vote 
shall not produce evidence of its then having been paid.” 

Upon the said amendment Mr. Douglas demanded the main ques¬ 
tion, which was ordered, and the amendment rejected—ayes 39, 
noes 59, 

On motion of Mr. Scott, of Caroline, the vote was recorded as fol¬ 
lows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Banks, Bowles, Braxton? 
Burgess, Chambers, Chambliss, Chilton, Cocke, Conway, Douglas? 
Edmunds, Flood, Garland, Muscoe R. H. Garnett, Muscoe Garnett? 
Goode, Hall, Jones, Kenney, Leake, Lucas, Lynch, Meredith, Moore? 
Rives, Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, 
Shell, James Smith, Southall, Taylor, Tunis, Turnbull, Whittle, 
Wingfield, Woolfolk—39. 

Noes— Messrs. Armstrong, Arthur, Barbour, M. Bird, Bland, Blue, 
Botts, Bowden, Camden, Caperton, Carlile, D. Carter, Chapman, De- 
neale, Edwards, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Gaily, 
Hays, Hill, Hoge, Hopkins, Hunter, Jacob, Johnson, Kilgore, Knote, 
Letcher, Lionberger, McCandlLh, McComas, J. T. Martin, W. Martin, 
Murphy, Neeson, Newman, Price, Purkins, Seymour, Sheffey, Joseph 
Smith, William Smith, Snodgrass, Snowden, Stephenson, Archibald 
Stuart, Summers, Tate, Trigg, Van Winkle, Wallace, William Watts, 
Willey, Samuel C. Williams, Wise, Wysor—59. 

Mr. Kenney moved to amend the section in the 5th line, by insert¬ 
ing after the word “ election,” the following : 

“ And who shall have paid, ten days previous to the election, such 
county and state tax or taxes, as he may have been assessed with the 
preceding year.” 

Afterwards, by leave of the Convention, Mr. Kenney withdrew his 
said amendment. 

On motion of Mr. Scott, of Fauquier, the report was farther amend¬ 
ed in the 1st section, lines 11 and 12, by striking therefrom the words, 
“ or of voting more than once in the same election.” 

Mr. Botts moved to amend the report in the 1st section and 3d line, 
by striking out the words “ two years,” and inserting the word 44 one 
year.” 

Upon this motion Mr. Scoggin demanded the main question, which 
was ordered, and the amendment rejected—ayes 23, noes S3. 

On motion of Mr. Scoggin, the vote was recorded as follows : 

Ayes —Messrs. Bland, Blue, Botts, Bowden, Camden, Fisher, 
Floyd, Gaily, Hoge, Kilgore, Knote, McCandlish, McComas, Jetfer- 


316 


son T. Martin, Murphy, Joseph Smith, Snodgrass, Archibald Stuart, 
Tate, Yan Winkle, Wallace, Wise, Wysor—23. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Banks, Bar¬ 
bour, Beale, Mark Bird, Bocock, Bowles, Braxton, Caperton, Carlile, 
Dale Carter, Chambers, Chambliss, Chapman, Chilton, Cocke, Con¬ 
way, Cox, Davis, Deneale, Douglas, Edmunds, Edwards, Ferguson, 
Finney, Flood, Fulkerson, Fultz, Fuqua, Garland, Muscoe R. H. 
Garnett, Muscoe Garnett, Goode, Hall, Hays, Hill, Hopkins, Hunter, 
Jasper, Johnson, Jones, Kenney, Leake, Letcher, Ligon, Lionberger, 
Lucas, Lynch, Lyons, William Martin, Meredith, Neeson, Newman, 
Price, Parkins, Rives, Scoggin, Francis W. Scott, Robert E. Scott, 
Robert G. Scott, Seymour, Shelly Sheffey, Arthur R. Smith, James 
Smith, W. Smith, Snowden, Southall, Stephenson, Summers, Taylor, 
Tredway, Trigg, Tunis, Turnbull, Samuel Watts, White, Whittle, 
Willey, S. C. Williams, Wingfield, Woolfolk—S3. 

Mr. Botts moved to amend the same section in the 4th line, by 
striking therefrom the word “ twelve,” and inserting in lieu thereof 
the word “ six ;”—and the question being submitted to the Conven¬ 
tion, was decided in the negative. 

On motion of Mr. Snowden, the blank in the 16th line of the sec¬ 
tion was filled with the word “ five.” 

Mr. Botts moved farther to amend the section by striking out from 
the word “ provided” inclusive in the 14th line, to the word “it,” in 
the 17th line. 

Upon this motion, Mr. Carlile demanded the main question, which 
was ordered, and the motion rejected—ayes 13, noes 90 

On motion of Mr. Botts, the vote was recorded as follows : 

Ayes —Messrs. Botts, Camden, Cocke, Gaily, Jacob, Jefferson T. 
Martin, Meredith, Jos. Smith, Snowden, Stanard, Trigg, Yan Winkle, 
Wallace—13. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Banks, Bar¬ 
bour, Beale, Mark Bird, Bland, Blue, Bocock, Bowden, Bowles, Brax¬ 
ton, Carlile, Dale Carter, Chambers, Chambliss, Chapman, Chilton, 
Conway, Cox, Davis, Deneale, Douglas, Edmunds, Edwards, Fergu¬ 
son, Finney, Fisher, Flood, Floyd, Fulkerson, Fultz, Fuqua, Gar¬ 
land, Muscoe Garnett, Goode, Hall, Hays, Hill, Hoge, Hunter, Jasper, 
Johnson, Jones, Kenney, Kilgore, Knote, Leake, Letcher, Ligon, 
Lionberger, Lucas, Lynch, Lyons, McCandlish, William Martin, Mur¬ 
phy, Neeson, Newman, Price, Purkins, Rives, Scoggin, Francis W. 
Scott, Robert E. Scott, Robert G. Scott, Seymour, Shell, Sheffey, A. 
R. Smith, Benjamin H. Smith, James Smith, Wm. Smith, Snodgrass, 
Southall, Stephenson, A Stuart, Summers, Tate, Taylor, Tredway, 
Tunis, Turnbull, Samuel Watts, William Watts, White, Whittle, Wil¬ 
ley, Samuel C. Williams, Woolfolk—90. 

On motion, the report as amended was then referred to the commit¬ 
tee on engrossment. 

Mr. Woolfolk presented the following resolution : 

Resolved, That the 19th rule of the Convention be so modified that 
it shall require at least twenty members to sustain the call for the ayes 
and noes. 

The said resolution being under consideration, Mr. Woolfolk de¬ 
manded the main question, which was ordered, and the resolution 
agreed to—ayes 59, noes 41. 


317 


On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Barbour, 
Beale, Bland, Blue, Bowden, Bowles, Braxton, Garble, Chambers, 
Chapman, Cocke, Conway, Cox, Deneale, Douglas, Edmunds, Gar¬ 
land, Hall, Hays, Hill, Jacob, Johnson, Jones, Kenney, Kilgore, 
Leake, Ligon, Lionberger, Lynch, McCandlish, William Martin, Mur¬ 
phy, Newman, Price, Francis W. Scott, Robert E. Scott, Seymour, 
Shell, Arthur R. Smith, Benjamin H. Smith, James Smith, William 
Smith, Snodgrass, Snowden, Archibald Stuart, Taylor, Tredway, 
Trigg, Tunis, Turnbull, Van Winkle, Wallace, Samuel Watts, Wil¬ 
liam Watts, Willey, Samuel C. Williams, Woolfolk—59. 

Noes— Messrs. Banks, Mark Bird, Botts, Camden, Dale Carter, 
Chilton, Davis, Edwards, Ferguson, Finney, Fisher, Flood, Floyd, 
Fulkerson, Fultz, Fuqua, Gaily, Muscoe R. H. Garnett, Muscoe Gar¬ 
nett, Hoge, Jasper, Letcher, Lucas, Lyons, Jefferson T. Martin, Mer¬ 
edith, Miller, Neeson, Purkins, Rives, Scoggin. Sheffey, Jos. Smith, 
Southall, Stanard, Stephenson, Summers, Tate, White, Whittle, 
Wingfield—41. 

Mr. Lyons, from the committee on the apportionment of representa¬ 
tion presented a report, which, upon his motion, was ordered to be laid 
upon the table and printed. 

Mr. Price moved to take up and consider the report of the commit¬ 
tee of the whole upon county courts, county organization, &c. 

Mr. Carlile moved to amend the motion, by striking therefrom the 
words “county courts, county organization,” &c., and inserting in 
lieu thereof the word “education.” 

The said amendment being submitted to the Convention, was re¬ 
jected. 

The motion of Mr. Price was then agreed to. 

The hour of two o’clock having arrived, the Convention took a re¬ 
cess. 

At half past four o’clock the Convention re-assembled, and proceeded 
to the consideration of the report of the committee of the whole upon 
the report of the committee oil county courts, county organization, &c. 

The first amendment of the committee being under consideration, 
Mr. Neeson demanded a division of the question, and it was first pro¬ 
pounded upon agreeing with so much of the amendment as strikes 
from the report the words indicated therein, and was decided in the af¬ 
firmative. 

On motion of Mr. Scott, of Richmond city, the amendment was 
amended by striking therefrom the words " until and.” 

On motion of Mr. Scott, of Richmond city, the amendment was 
farther amended in the 5th line, by striking out the words “ the legis¬ 
lature,” and inserting in lieu thereof the word “law.” 

Mr. Ferguson moved to amend the amendment as amended by 
striking it out, and inserting the following : 

“The jurisdiction of said courts shall be prescribed by law.” 

Mr. Martin, of Henry, demanded a division, and the question was 
first put upon striking out the amendment as amended, and was de¬ 
cided in the negative. 

So that the amendment of Mr. Ferguson was not agreed to. 


318 


The 1st amendment of the committee of the whole was then con¬ 
curred in. 

The 2d amendment of the committee was likewise agreed to by the 
Convention. 

The 3d amendment being under consideration, Mr. Letcher called 
a division, and the question was first propounded upon agreeing with 
so much of the amendment as strikes out from the report the words in¬ 
dicated in the amendment, and was decided in the affirmative. 

Mr. Scott, of Richmond city, moved to amend the amendment by 
striking thereout the word “two,” and inserting in lieu thereof the 
word “ four,” and the motion was rejected. 

Mr. Neeson moved to strike from the said amendment the word 
“two,” and insert in lieu thereof the word “ three,” and the motion 
was decided in the negative. 

The question then recurred upon agreeing with the committee in 
their 3d amendment, and was decided in the affirmative. 

The 4th amendment being under consideration, Mr. Knote moved 
to amend the same by striking therefrom the word “ four,” and insert¬ 
ing in lieu thereof the words “ not less than two nor more than four ;” 
and the motion was rejected. 

The Convention then agreed with the committee in their 4th amend¬ 
ment. 

The 5th amendment was also agreed to. 

Mr. Hunter moved to strike out the 6th amendment, arid insert in 
lieu thereof the following : 

“ The number of terms of said courts shall be determined by law.” 

Mr. Hunter demanded that the vote upon the said amendment be 
recorded, but the demand was not seconded, and the Convention re¬ 
fused to adopt the amendment. 

The 6th amendment was then concurred in. 

Mr. Whittle moved to amend the 7th amendment, by striking 
therefrom the word “judicial,” and inserting in lieu thereof the word 
“ official,” and the motion was rejected. 

The Convention then agreed with the committee in their 7th amend¬ 
ment. 

The 8th, 9th, 10th, and 11th amendments were then, upon motions 
respectively submitted, concurred in by the Convention. 

The 12th amendment being under consideration, Mr. Neeson called 
for a division, and the question was first put upon striking out the 
word “ five,” from the report, and was agreed to. 

Mr. Neeson moved to amend the amendment by striking therefrom 
the word “ six,” and inserting in lieu thereof the word “four.” 

Mr. Stanahd demanded a division of the question, and it was first 
put upon striking out “ six,” and was decided in the negative. 

The 12th amendment was then agreed to. 

Mr. Conway moved to amend the 13th amendment by striking 
thereout the word “four,” and inserting in lieu thereof the word 
“six,” and the motion was rejected. 

The 13th amendment was then concurred in. 

On motion of Mr. Hays the 14th amendment was amended by stri¬ 
king therefrom the word “four,” and inserting in lieu thereof the 
word “ six.” 


319 


The 14th amendment as amended was then agreed to. 

Mr. Stanard called a division of the question, upon agreeing with 
the committee in their 15th amendment, and the question was first put 
upon agreeing with so much thereof as strikes out the 2d section of 
the 4th article of the report, and was decided in the negative ; so that 
the Convention refused to agree with the committee in their 15th 
amendment. 

The Convention then proceeded to the second reading of the report 
on county courts, county organization, &c. 

Mr. Martin, of Marshall, moved to amend the same by striking out 
the 1st section of the first article, and inserting the following : 

“ There shall be in each county a court, to consist of the justices of 
the peace, with the same jurisdiction with that of the existing county 
courts ; but the legislature may modify said courts and the jurisdiction 
thereof, from time to time, as may be prescribed by law.” 

Mr. Scott, of Richmond city, called a division, and the question 
was stated to be, first upon striking out the 1st section. 

Mr. Conway demanded the main question, and it was ordered, and 
the Convention refused to strike out—ayes 40, noes 66. 

On motion of Mr. Scott, of Richmond city, the vote was recorded 
as follows : 

Ayes —Messrs. Mark Bird, Bland, Bowden, Richard E. Byrd, Cam¬ 
den, Carlile, Claiborne, Deneale, Edwards, Ferguson, Finney, Fisher, 
Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, Hunter, Jacob, Johnson, 
Knote, Letcher, Lucas, Lyons, Jefferson T. Martin, Moore, iNeeson, 
Sheffey, Joseph Smith, William Smith, Snowden, Stephenson, Archi¬ 
bald Stuart, Summers, Tredway, Van Winkle, White, Willey, S. C. 
Williams, Wise—40. 

Ayes —Messrs. J. Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Beale, Blue, Bowles, Braxton, Brown, Burgess, Caperton, 
Chambers, Chambliss, Chilton, Cocke, Conway, Cox, Davis, Doug¬ 
las, Edmunds, Flood, Fuqua, Garland, M. R. H. Garnett, M. Garnett, 
Goode, Hail, Hill, Hopkins, Jasper, Jones, Kenney, Kilgore, Leake, 
Ligon, Lionberger, Lynch, William Martin, Meredith, Miller, Murphy, 
Newman, Purkins, Rives, Saunders, Scoggin, Francis W. Scott, Robt. 
E. Scott, Robert G. Scott, Seymour, Shell, Arthur R. Smith, Benj. H. 
Smith, James Smith, Southall, Stanard, Taylor, Trigg, Tunis, Turn- 
bull, Samuel Watts, William Watts, Whittle, Woolfolk, Wysor—66. 

Mr. Miller submitted a motion to strike out the 1st section, and in¬ 
sert the following : 

“ A county court shall be established in each county, to be holden 
monthly, by the justices of the peace thereof respectively: and the 
jurisdiction of such courts shall be the same as the ju:isdiction now 
exercised by the existing county courts, except so far as it shall be ta¬ 
ken away by this constitution.” 

Mr. Lyons moved to amend the amendment by adding thereto the 
following: “ but they shall receive no compensation for services ren¬ 
dered in court.” 

Mr. Hunter demanded the main question, upon the amendment of 
Mr. Lyons, and it was ordered, and the amendment rejected. 

The question recurring upon the amendment of Mr. Miller, Mr. 
Ferguson called for a division of the question. 


318 


The 1st amendment of the committee of the whole was then con¬ 
curred in. 

The 2d amendment of the committee was likewise agreed to by the 
Convention. 

The 3d amendment being under consideration, Mr. Letcher called 
a division, and the question was first propounded upon agreeing with 
so much of the amendment as strikes out from the report the words in¬ 
dicated in the amendment, and was decided in the affirmative. 

Mr. Scott, of Richmond city, moved to amend the amendment by 
striking thereout the word “two,” and inserting in lieu thereof the 
word “ four,” and the motion was rejected. 

Mr. Neeson moved to strike from the said amendment the word 
“two,” and insert in lieu thereof the word “ three,” and the motion 
was decided in the negative. 

The question then recurred upon agreeing with the committee in 
their 3d amendment, and was decided in the affirmative. 

The 4th amendment being under consideration, Mr. Knote moved 
to amend the same by striking therefrom the word “ four,” and insert¬ 
ing in lieu thereof the words “ not less than two nor more than four j” 
and the motion was rejected. 

The Convention then agreed with the committee in their 4th amend¬ 
ment. 

The 5th amendment was also agreed to. 

Mr. Hunter moved to strike out the 6th amendment, arid insert in 
lieu thereof the following : 

“ The number of terms of said courts shall be determined by law.” 

Mr. Hunter demanded that the vote upon the said amendment be 
recorded, but the demand was not seconded, and the Convention re¬ 
fused to adopt the amendment. 

The 6th amendment was then concurred in. 

Mr. Whittle moved to amend the 7th amendment, by striking 
therefrom the word “judicial,” and inserting in lieu thereof the word 
“ official,” and the motion was rejected. 

The Convention then agreed with the committee in their 7th amend¬ 
ment. 

The 8th, 9th, 10th, and 11th amendments were then, upon motions 
respectively submitted, concurred in by the Convention. 

The 12th amendment being under consideration, Mr. Neeson called 
for a division, and the question was first put upon striking out the 
word “ five,” from the report, and was agreed to. 

Mr. Neeson moved to amend the amendment by striking therefrom 
the word “ six,” and inserting in lieu thereof the word “four.” 

Mr. Stanakd demanded a division of the question, and it was first 
put upon striking out “ six,” and was decided in the negative. 

The 12th amendment was then agreed to. 

Mr. Conway moved to amend the 13th amendment by striking 
thereout the word “four,” and inserting in lieu thereof the word 
“six,” and the motion was rejected. 

The 13th amendment was then concurred in. 

On motion of Mr. Hays the 14th amendment was amended by stri¬ 
king therefrom the word “ four,” and inserting in lieu thereof the 
word “six.” 


319 


The 14th amendment as amended was then agreed to. 

Mr. Stanard called a division of the question, upon agreeing with 
the committee in their 15th amendment, and the question was first put 
upon agreeing with so much thereof as strikes out the 2d section of 
the 4th article of the report, and was decided in the negative ; so that 
the Convention refused to agree with the committee in their 15th 
amendment. 

The Convention then proceeded to the second reading of the report 
on county courts, county organization, &c. 

Mr. Martin, of Marshall, moved to amend the same by striking out 
the 1st section of the first article, and inserting the following : 

“ There shall be in each county a court, to consist of the justices of 
the peace, with the same jurisdiction with that of the existing county 
courts ; but the legislature may modify said courts and the jurisdiction 
thereof, from time to time, as may be prescribed by law.” 

Mr. Scott, of Richmond city, called a division, and the question 
was stated to be, first upon striking out the 1st section. 

Mr. Conway demanded the main question, and it was ordered, and 
the Convention refused to strike out—ayes 40, noes 66. 

On motion of Mr. Scott, of Richmond city, the vote was recorded 
as follows : 

Ayes —Messrs. Mark Bird, Bland, Bowden, Richard E. Byrd, Cam¬ 
den, Carlile, Claiborne, Deneale, Edwards, Ferguson, Finney, Fisher, 
Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, Hunter, Jacob, Johnson, 
Knote, Letcher, Lucas, Lyons, Jefferson T. Martin, Moore, iNeeson, 
Sheffey, Joseph Smith, William Smith, Snowden, Stephenson, Archi¬ 
bald Stuart, Summers, Tredway, Van Winkle, White, Willey, S. C. 
Williams, Wise—40. 

Ayes —Messrs. J. Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Beale, Blue, Bowles, Braxton, Brown, Burgess, Caperton, 
Chambers, Chambliss, Chilton, Cocke, Conway, Cox, Davis, Doug¬ 
las, Edmunds, Flood, Fuqua, Garland, M. R. H. Garnett, M. Garnett, 
Goode, Hall, Hill, Hopkins, Jasper, Jones, Kenney, Kilgore, Leake, 
Ligon, Lionberger, Lynch, William Martin, Meredith, Miller, Murphy, 
Newman, Purkins, Rives, Saunders, Scoggin, Francis W. Scott, Robt. 
E. Scott, Robert G. Scott, Seymour, Shell, Arthur R. Smith, Benj. H. 
Smith, James Smith, Southall, Stanard, Taylor, Trigg, Tunis, Turn- 
bull, Samuel Watts, William Watts, Whittle, Woolfolk, Wysor—66. 

IV,r. Miller submitted a motion to strike out the 1st section, and in¬ 
sert the following : 

“ A county court shall be established in each county, to be holden 
monthly, by the justices of the peace thereof respectively : and the 
jurisdiction of such courts shall be the same as the juiisdiction now 
exercised by the existing county courts, except so far as it shall be ta¬ 
ken away by this constitution.” 

Mr. Lyons moved to amend the amendment by adding thereto the 
following: “ but they shall receive no compensation for services ren¬ 
dered in court.” 

Mr. Hunter demanded the main question, upon the amendment of 
Mr. Lyons, and it was ordered, and the amendment rejected. 

The question recurring upon the amendment of Mr. Miller, Mr. 
Ferguson called for a division of the question. 


320 


Mr. Newman demanded the main question upon striking out the 1st 
section, and it was ordered, and the motion rejected,—ayes 14, noes 90. 

On motion of Mr. Byrd, of Frederick, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. Bland, Camden, Carlile, Chilton, Muscoe R. H. 
Garnett, Lyons, Jefferson T. Martin, Meredith, Miller, Neeson, Joseph 
Smith, William Smith, Taylor, Van Winkle, William Watts—15. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Beale, Mark Bird, Blue, Bowden, Bowles, Braxton, Brown, 
Burgess, Richard E. Byrd, Chambers, Chambliss, Claiborne, Cocke, 
Conway, Cox, Davis, Deneale, Douglas, Edmunds, Edwards, Fergu- 
guson, Fisher, Flood, Floyd, Fulkerson, Fultz, Fuqua, Gaily, Gar¬ 
land, Muscoe Garnett, Goode, Hall, Hays, Hill, Hoge, Hopkins, Hun¬ 
ter, Jacob, Jasper, Johnson, Jones, Kenney, Kilgore, Knote, Leake, 
Letcher, Ligon, Lionberger, Lucas, Lynch, William Martin, Moore, 
Newman, Price, Purkins, Rives, Saunders, Scoggin, Francis W. Scott, 
Robert E. Scott, Robert G. Scott, Seymour, Shell, Sheffey, Arthur R. 
Smith, Benjamin H. Smith, James Smith, Southall, Stanard, Stephen¬ 
son, Archibald Stuart, Summers, Tate, Tredway, Trigg, Tunis, Turn- 
bull, Sam’l Watts, White, Whittle, Samuel C. Williams, Wingfield, 
Wise, Woolfolk, Wysor—90. 

On motion of Mr. Jacob, the Convention then adjourned. 

Thursday, July 17, 1851. 

The Convention met pursuant to adjournment. 

On motion of Mr. Deneale, 

Ordered , That the reading of the journal be dispensed with. 

Mr. Smith, of Kanawha, presented a petition from certain females in 
the county of Pocahontas, praying for some constitutional restriction 
upon the granting of licenses to retail ardent spirits, which, upon his 
motion, was ordered to be laid upon the table. 

The Convention proceeded to the consideration of the report of the 
committee of the whole, upon the report of the county courts, &c., 
upon its second reading. 

Mr. Summers moved to amend the report in the 1st article, by strik¬ 
ing therefrom the 1st section, and inserting in lieu thereof the follow¬ 
ing : 

“ There shall be a county court in each county of the common¬ 
wealth, to be composed of justices of the peace to be elected in con¬ 
venient districts by the qualified voters. The jurisdiction and duties 
of said courts, the number of sessions thereof to be held in each year, 
the compensation to be paid to the justices, their term of service, and 
their separate powers and duties, shall be prescribed and regulated by 
law : Provided , that such compensation shall not be paid out of the 
public treasury.” 

Mr. Scott, of Richmond city, demanded a division, and the ques¬ 
tion was first stated upon striking out the first section ; and upon this 
Mr. Hopkins called the previous question, which was ordered, and the 
Convention refused to strike out—ayes 44, noes 63. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Mark Bird, Bland, Brown, Richard E. Byrd, Cam¬ 
den, Carlile, Chapman, Claiborne, Deneale, Edwards, Finney, Ful- 



321 


kerson, Fultz, Gaily, Muscoe Garnett, Hays, Hoge, Hunter, Jacob, 
Johnson, Kilgore, Knote, Letcher, Jefferson T. Martin, Moore, Nee- 
son, Price, Seymour, Sheffey, Benjamin H. Smith, Joseph Smith, W. 
Smith, Snowden, Stephenson, Archibald Stuart, Summers, Tredway, 
Trigg, Van Winkle, White, Samuel G. Williams, Wingfield, Wise, 
Wysor—44. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Blue, Bocock, Bowles, Braxton, Burgess, Caperton, Dale 
Carter, Chambers, Chambliss, Chilton, Conway, Cox, Davis, Doug¬ 
las, Edmunds, Ferguson, Flood, Fuqua, Garland, Muscoe R. H. Gar¬ 
nett, Goode, Hail, Hill, Hopkins, Jasper, Jones, Kenney, Leake, 
Ligon, Lionberger, Lucas, Lynch, McCandlish, William Martin, Mer¬ 
edith, Miller, Morris, Murphy, Newman, Purkins, Rives, Saunders, 
Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, Shell, 
Arthur R. Smith, James Smith, Southall, Stanard, Taylor, Tunis, 
Turnbull, Wallace, Samuel Watts, Whittle, Woolfolk—63. 

So that the amendment of Mr. Summers was rejected. 

In the 2d section, 5th line, after the word i( peace,” Mr. Taylor 
moved to insert the following : 

u But no person shall be eligible as a justice, unless he be a citizen 
of the state and over twenty-one years of age.” 

The said amendment being submitted to the Convention, was re 
jected. 

On motion of Mr. Scott, of Richmond city, the 2d section was 
amended by adding thereto the following : 

“ The persons thus elected shall be commissioned as justices of the 
peace by the governor.” 

Mr. J acob moved to amend the 3d section by striking out the whole 
of it down to the word “ levy” inclusive, in the Tth line.” 

Mr. Bocock moved, first to perfect the portion to be stricken out, by 
striking out in the 6th and 7th lines the words “ in the appointment of 
county officers, and for assessing the county levy,” and inserting in 
lieu thereof the words “ where the law shall require a larger number.” 

The question was then submitted upon the motion of Mr. Jacob, 
and decided in the negative. 

Mr. Wise moved to add to the 4th section the following words: u un¬ 
less otherwise prescribed by law,” and the motion was rejected. 

Mr. Wise moved to amend the 4th section, by adding at the end 
thereof the following : u unless otherwise prescribed by law, but the 
number of terms shall not be reduced to less than six, per annum.” 

Mr. Woolfolk moved to amend the amendment by striking there¬ 
from the word u six,” and inserting in lieu thereof the word u twelve.;” 
and the motion was decided in the negative.” 

The amendment of Mr. Wise was then rejected. 

Mr. Van Winkle moved to amend the 4th section by adding thereto 
the following : 

“ But the general assembly may authorize a less number to be held 
in any county, upon the application of a majority of the qualified voters 
thereof. ’ ’ 

The said amendment being submitted to the Convention, was rejected. 

Mr. Neeson moved to amend the report by striking therefrom the 
5th section of the 1st article, and the motion was rejected. 

41 


322 


Mr. Smith, of Greenbrier, moved to amend the 5th section in the 1st 
and 2d lines, by striking therefrom the words “per diem,” and the mo- 
tion was rejected 

Mr. Whittle moved to amend the same section in the 2d line, by 
inserting the word “county” after the word “in,” and the motion 
was decided in the negative. 

Mr. Hays moved to amend the 5th section, by adding thereto the 
following: 

“ But after the year 1860, such other compensation may be allowed 
as a majority of all the members of both branches of the legislature 
may determine : Provided , such compensation shall not be taken from 
the state treasury.” 

The said amendment being submitted to the Convention, was re¬ 
jected. 

In the 1st line of the 5th section, Mr. M. R. H. Garnett moved to 
amend by striking out the word “ shall,” and inserting in lieu thereof 
the word “ may,” and the motion was rejected. 

Mr. Mus coe Garnett moved to amend the report in the 2d article, 
by striking out the 3d section, and the motion was decided in the ne¬ 
gative. 

Mr. Beale moved farther to amend in the 3d section, and 2d line, 
by striking out “one overseer ot the poor for every district,” and in¬ 
serting in lieu thereof “ one or more overseers of the poor as may be 
prescribed by law.” 

The said amendment was adopted by the Convention. 

Mr. Bocock moved to amend the report, by striking out the 2d and 
3d sections as amended, and inserting in lieu thereof the following : 

“ The general assembly shall provide by law for the election, by the 
qualified voters, of constables and overseers of the poor.” 

Mr. Nekson demanded a division of the question, and it was first 
taken upon striking out the 2d section, and was decided in the affirma¬ 
tive. 

Upon the question of striking out the 3d section, the Convention 
likewise decided in the affirmative. 

JVlr. Bocock’s amendment was then agreed to. 

Mr. Nekson moved to add the words “ by districts,” to the amend¬ 
ment of Bocock just agreed to, and ihe motion was rejected. 

Mr. Caklile moved to amend the same article in the 4th section, by 
striking out all after the word “ office” m the 4th line. 

Mr. Ferguson moved to perfect the part to be stricken out, by strik¬ 
ing out the words “ may be elected for a second term, but.” 

Upon this amendment Mr. Scott, of Richmond city, demanded the 
main question, which was ordered, and the amendment rejected. 

Upon the motion of Mr. Carlile, he demanded the main question, 
which was ordered, and his amendment rejected. 

On motion of Mr. Bowden, the 4th section was amended in the 4th 
line, by inserting after the word “ elected” the following words : “'ex¬ 
cept attorneys for the commonwealth.” 

Mr. Purkins moved to amend the 4th section, by adding thereto the 
following : 

“And provided also, that the legislature may dispense with the of¬ 
fice of commissioner of the revenue and require their duties to be per- 


323 


'formed by one justice of the peace in each district; and prescribe their 
compensation for such services. ,, 

The question upon adopting the said amendment being submitted to 
the Convention, was decided in the negative. 

Mr. Camden moved to amend the report by striking out the 5th sec¬ 
tion and inserting the following : 

“ Vacancies occurring in the foregoing offices, except that of clerk, 
attorney for the commonwealth, surveyor and justice of the peace, 
shall be filled by temporary appointment of the county court, all the 
justices being summoned for that purpose, and a majority being presentj 
such appointment to continue until the next regular term of election. 
Vacancies in the office of clerk, attorney for the commonwealth, sur¬ 
veyor and justice of the peace, shall be filled by election of the quali¬ 
fied voters for the full term provided for those offices in this constitu¬ 
tion, in such manner as shall be prescribed by law. 

Mr. Chambliss moved to perfect the section, by striking out all af¬ 
ter thi j word “ offices,” in the first line, and inserting in lieu thereof 
the fallowing: “shall be filled in the mode which the law may prescribe.” 

The said amendment was rejected. 

Mr. M. Garnett moved to amend the section, by striking out from 
the word “ offices,” in the 1st line, to the word “ shall,” in the 6th 
line, and the motion was rejected. 

Mr. Bocock moved to amend the amendment of Mr. Camden, by 
substituting therefor the following : 

“ The general assembly may prescribe the manner of filling vacan¬ 
cies occurring in any of the foregoing offices.” 

The said amendment being submitted to the Convention, was 
agreed to. 

The amendment as amended was then adopted. 

Mr. Scott, of Richmond city, moved to add the following to the 5th 
section, and it was rejected : 

“Justices of the peace, clerks of courts, sheriffs, attorneys for the 
commonwealth, surveyors, commissioners of the revenue, and consta¬ 
bles shall be subject, in such manner as may be prescribed by law, to 
indictment or information, for non-feasance or mal-feasance in the dis¬ 
charge of their official duties, and upon conviction their offices declared 
vacant.” 

Mr. Lynch moved to amend the report farther, by striking therefrom 
the 3d article, and inserting in lieu thereof the following : 

“1. The mayor, alderman, prosecuting attorneys, clerks, sergeants, 
surveyors, commissioners of the revenue, and constables, in cities find 
towns, shall be elected by the qualified voters therein. The other of¬ 
ficers of such cities and towns, shall be elected in the manner pre¬ 
scribed by their charters, or by law. 

2. The corporation courts, and the magistrates who may belong to 
the corporate body, shall have such jurisdiction as may be conferred 
upon them by law.” 

Mr. Botts moved to amend the amendment by striking therefrom 
the word “therein,” and inserting in lieu thereof the words “under 
this constitution.” 

Upon this question Mr. Douglas demanded the main question, 
which was ordered, and the amendment rejected—ayes 42, noes 51. 


324 


On motion of Mr. Botts, the vote was recorded as follows : 

Ayes— Messrs. Armstrong, Bland, Blue, Botts, Bowden, Camden, 
Carlile, Dale Carter, Chapman, Deneale, Ferguson, Floyd, Fultz, 
Gaily, Hays, Hoge, Johnson, Kenney, Kilgore, Knote, Leake, Letcher, 
Lionberger, Jefferson T. Martin, Wm. Martin, Meredith, Murphy, Nee- 
son, Newman, Price, Rives, Saunders, Jos. Smith, Snodgrass, South- 
all, Stephenson, Archibald Stuart, Summers, Tate, Van Winkle, Sam’f 
C. Williams, Wingfield, Wise—42. 

Noes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour r 
Bocock, Bowles, Braxton, Burgess, Rich’d E. Byrd, Chambliss, Chil¬ 
ton, Claiborne, Conway, Douglas, Edmunds, Edwards, Finney, 
Fulkerson, Fuqua, Garland, Muscoe R. H. Garnett, Goode, Hall, Hill r 
Hunter, Jasper, Jones, Ligon, Lynch, Lyons, McCandlish, Morris y 
Purkins, Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott r 
Seymour, Shell, Shelley, James Smith, Snowden, Stanard, Tredway, 
Trigg, Tunis, Turnbull, Sam’l Watts, William Watts, Whittle, Wool- 
folk—51. 

Mr. Botts moved to amend the amendment, by striking out the- 
words u qualified voters therein,” and inserting in lien thereof the fol¬ 
lowing : “ Voters therein qualified to vote under this constitution.” 

Upon this amendment, Mr. Taylor demanded the main question,, 
which was ordered, and Mr. Botts, amendment agreed to. 

Upon agreeing to the amendment as amended, Mr. Letcher called 
the previous question and was sustained. 

Mr. Conway having called for a division, the vote was first taken 
upon striking out the section, and was decided in the affirmative. 

The amendment of Mr. Lynch, as amended, was then adopted. 

Mr. Scott, of Fauquier, submitted a motion that the report as 
amended be laid upon the table, and the motion was decided in the 
negative. 

Mr. Stanard gave notice, that on to-morrow he would move a re¬ 
consideration of the vote agreeing to strike out the 3d article of the 
report, and insert the amendment of Mr. Lynch as amended. 

Mr. Lynch moved to amend the report, in the 2d article, by adding 
to the 1st section the following : 

Provided , That in any county where by law, there are two or 
more commissioners of the revenue, each commissioner be elected by . 
the qualified voters of the district in which he is required to perform 
his duties.” 

The said amendment being submitted to the Convention, was rejec¬ 
ted. 

Mr. Wingield moved to add the following new section after the last 
section of the 2d article : 

u The general assembly shall have power to provide by law for impo¬ 
sing a tax upon the offices of clerk of each court that may be held in, 
and the sheriff of each county of the commonwealth, for the use of 
said counties respectively, in defraying their county expenses. And 
also to impose a like tax on the offices of the clerks of the courts held 
in, and the sergeants of each of the cities and towns of the common¬ 
wealth, for the like use of the said cities and towns respectively.” 

The said amendment being submitted to the Convention, was re¬ 
jected. 


325 


Mr. Scott, of Fauquier, moved to strike out the 2d section of the 
1st article, and insert in lieu thereof, the following: 

“ The justices shall be chosen by districts and elected by the quali¬ 
fied voters thereof; and to that end each county shall be laid off into 
tfiree districts. They shall hold their offices for the term of four years 
from and after the day on Avhich they shall be commissioned respec¬ 
tively, unless sooner removed in the manner prescribed in this constitu-. 
tion ; but no person shall be eligible as a justice, unless he be a citi¬ 
zen of the State, over twenty-one years of age, and a resident of the 
district for which he may be chosen.” 

The said amendment being under consideration, Mr. Scott, of 
Richmond city, demanded the main question, which was ordered, and 
the amendment rejected. 

Mr. Muscoe Garnett moved to add the following to the 2d section 
of the 1st article. 

“ "Tfiie legislature shall provide for the election, in each county, by 
the qualified voters thereof, of three or more commissioners, to divide 
said counties into districts, as herein provided for.” 

Upon this question Mr. M. Garnett demanded the main question, 
which was ordered, and the amendment rejected. 

Mr. Letcher moved to strike out the said 2d section, and insert in 
lieu thereof the following : 

u The several counties of this state shall be divided into districts of 
convenient size, as nearly equal in territory and population as practica¬ 
ble, and in each district four justices of the peace shall be elected by 
the qualified voters thereof for the term of four years each, whose ju¬ 
risdiction, as conservators of the peace, shall be co-extensive with the 
county No person shall be eligible as justice of the peace, unless he 
be a citizen of the United States, twenty-one years of age, and has 
been a resident of the district in which he may be a candidate, six 
months next preceding his election.” 

The said amendment being submitted to the Convention, was re¬ 
jected. 

Mr. Goode moved that the report of the committee of the whole as 
amended, be referred to the committee on engrossment. 

Mr. Stanard having given notice, under the rule, that on to-morrow 
he intended to move to suspend the 8th rule to enable him to move the 
re-consideration of a vote of the Convention of to-day, the President 
decided that the motion of Mr. Goode was not in order, and could not 
be entertained. 

From this decision of the chair, Mr. Wise appealed to the Conven¬ 
tion. 

Mr. Goode moved to lay the appeal upon the table, and the motion 
was rejected. 

Upon the appeal, Mr. Carlile demanded the main question, but the 
Convention refused to order the same. 

On motion of Mr. Bocock, the appeal was then laid upon the table. 

The hour of two o’clock having arrived, the Convention took a re¬ 
cess. y 

At four o’clock the Convention re-assembled. 

Mr. Goode moved that the Convention take up and consider the re- 


326 


port of the committee of the whole, upon the legislative department of 
the government. 

Mr. Price moved to amend the resolution i-y striking out the word 
a legislative.” and insert in lieu thereof the word “judiciary.” 

Lpon this amendment, Mr. Bocock demanded the main question, 
which was ordered, and the amendment rejected. 

The motion of Mr. Goode was then agreed to, and the Convention' 
proceeded to the consideration of the report of the legislative commit- 
rr.ittee, as amended by the committee of the whole. 

The 1st, 2d and 3d amendments of the committee of the whole,, 
were, upon motions respectively put, agreed to. 

On motion of Mr. Price, the 4th amendment was amended in the 
12th and 13th lines, by striking out the words “ in county or corpora¬ 
tion courts,” and as amended was agreed to. 

The 5th amendment was then agreed to. 

The 6th amendment being under consideration, Mr. Scott, of Car¬ 
oline, demanded the main question, which was ordered, and the amend¬ 
ment agreed to—ayes 82, noes 22. 

On motion of Mr. Purkins, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Arthur, Banks, Barbour, M. Bird, Bland, 
Blue, Bocock, Bowden, Bowles, Braxton, Caperton, D. Carter, Cham¬ 
bers, Chapman., Claiborne, Cocke, Conway. Cox, Deneale, Douglas* 
Edmunds, Edwards, Ferguson, Finney, Fisher, Flood, Floyd, Fulker¬ 
son, Fultz, Fuqua, Garland, Muscoe Garnett, Goode, Hall, Hill, Hop¬ 
kins, Hunter, Jacob. Jasper, Johnson, Kenney,Kilgore, Knote, Leake, 
Letcher, Ligon, Lionberger, Lucas,Ly neh, Lyons, McCandiish, Mcr- 
Comas, William Martin, Meredith, Miller, Moore, Morris, Murphy, 
fYewman, Purkins, Rives, Scoggin, Francis W. Scott, Shell, Shelley, 
Arthur R. Smith, Benjamin H. Smith, James Smith, William Smith, 
Snodgrass, Snowden, Southall, Stephenson, Archibald Stuart, Tate, 
Trigg, Tunis, Turnbull, Van Winkle, Wallace, White, Sam’i C. Wil¬ 
liams, Woolf ilk—82. 

JNoes —Messrs. John Y. Mason, (Pres’t,) Burgess, Richard E. Byrd, 
Camden, Chilton, Davis, Gaily, Muscoe R. H. Garnett, Hays, Hoge, 
Jefferson T. Martin, Neeson, Price, Robert E. Scott, Robert G. Scott, 
Jos. Smith, Summers, Taylor, Tredway, Whittle, Wise, Wysor—22. 

The 7th amendment was then agreed to. 

Mr. Smith, of Kanawha, moved to amend the 8th amendment by 
striking out in the 3d line the word “ present,” and the motion was 
rejected. 

On motion of Mr. Moore, the amendment was amended by striking 
out the word “ seven.” 

Mr. Woolfolk moved to fill the blank thus created with the word 
“twenty,” and Mr. Moore to fill with the word “twelve,” both of 
which motions were respectively rejected. 

Mr. Hopkins then moved to fill the blank with “ ten,” and Mr. 
Bocock with “fifteen.” The motion of Mr. Bocock was rejected 
and that of Mr. Hopkins agreed to. 

Mr. Scoggin moved farther to amend the amendment by striking out 
in the third line the word “ three,” and inserting in lieu thereof the 
word “ five,” and the motion was rejected. 

The question was then put upon agreeing to the report of the com¬ 
mittee as amended, and was decided in the negative. 


327 


The 9th amendment was amended in the 9th line, on motion of Mr. 
Woolfolk, by striking out the word te so,” and inserting in lieu thereof 
the word u otherwise.” 

Mr. Bocock moved to amend the amendment, by striking all of it 
out to the word “ unless,” in the 7th line, and inserting the following: 

“ Bills shall have their three readings, on three separate days of the 
session, in each house of the general assembly.” 

Mr. Sheffry moved to perfect the portion to be stricken out, by 
striking out the words “ each house of assembly,” and insert in lieu 
thereof the words a the house in which it originated.” 

The said amendment was agreed to. 

Mr. Edmunds demanded a division of the question upon the amend¬ 
ment of Mr. Bocock, and it was first stated to be upon striking out the 
words indicated. 

Upon this Mr. Wise demanded the main question, which was or¬ 
dered, and the Convention refused to strike out. 

The question was then propounded upon agreeing with the amend¬ 
ment of the committee as amended, and decided in the affirmative. 

The 10th, 11th, 12th, and 13th amendments were then, upon mo¬ 
tions respectively made, agreed to by the Convention. 

The 14th amendment being under consideration, Mr. Ferguson de- 
meuded a division of the question, and it was first stated to be upon 
striking out the 14th section from the report of the committee, and was 
decided in the affirmative. 

The question then recurred upon agreeing with the committee in in¬ 
serting in the blank thus created, the amendment they recommend, and 
was decided in the affirmative—ayes 57, noes 45. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. Banks, Barbour, Mark Bird, Blue, Bocock, Bowles, 
Braxton, Richard E. Byrd, Chambers, Chapman, Chilton, Davis, Ed¬ 
munds, Edwards, Flood, Fultz, Fuqua, Garland, Muscoe R. H. Gar¬ 
nett, Muscoe Garnett, Goode, Hall, Hill, Hopkins, Hunter, Jasper, 
Kenney, Leake, Ligon, Lucas, Jefferson T. Martin, Meredith, Moore, 
Morris, Purkins, Rives, Scoggin, Francis W. Scott, Robert G. Scott, 
Seymour, Shell, Sheffey, Arthur R. Smith, Benjamin H. Smith, James 
Smith, Southall, Straughan, Archibald Stuart, Taylor, Tredway, 
Turnbull, Van Winkle, Wallace, Samuel Watts, William YVatts, Whit¬ 
tle, Woolfolk—57. 

Noes— Messrs. Armstrong, Arthur, Bland, Burgess, Camden, Caper- 
ton, Claiborne, Cock, Cox, Deneale, Douglas, Faulkner, Ferguson, 
Finney, Fisher, Floyd, Fulkerson, Gaily, Hays, Hoge, Jacob, John¬ 
son, Kilgore, Knote, Letcher, Lionberger, Lynch, McCandlish, McCo- 
mas, William Martin, Murphy, Neeson, Newman, Price, Joseph Smith, 
William Smith, Snodgrass, Stephenson, Summers, Tate, Trigg, White, 
Samuel C. Williams, Wise, Wysor—45. 

On motion of Mr. Whittle, the 15th amendment was amended in 
the 1st line, by striking out the word “ revised,” and inserting in lieu 
thereof the word “revived.” 

The amendment as amended was then agreed to. 

Mr. Scott, of Richmond city, moved to strike out the 16th amend¬ 
ment, and insert in lieu thereof the following: 

cc 1. From and after the adoption of this constitution, it shall not be 


328 


I 

lawful for any one to emancipate a slave, to remain within this com¬ 
monwealth. 

“2. After the 1st day of May, in the year 18T2, no free negro or free 
mulatto shall remain within the State ; and the legislature may make 
provision for their gradual removal prior to that period.” 

Mr. Edmunds demanded a division, and the question was first pro¬ 
pounded upon striking out, and was decided in the negative. 

The question then recurred upon agreeing with the committee’s 
amendment, and Mr. Sheffey having called for a division, it was first 
propounded upon striking out the 3d article, and it was decided in the 
affirmative, and then 

The Convention agreed with the committee in their amendment. 

The 17th amendment being under consideration, Mr. Watts, of 
Roanoke, called for a division of the question, and it was first pro¬ 
pounded upon striking out the 1st section of the 4th article of the re¬ 
port of the committee on the legislative department, and was decided 
in the affirmative—ayes 59, noes 45. 

On motion of Mr. Moore, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Bocock, Bowden, Bowles, Braxton, Burgess, Chambers, 
Chilton, Claiborne, Cocke, Conway, Cox, Davis, Douglas, Edmunds, 
Edwards, Ferguson, Finney, Flood, Fuqua, Garland, Muscoe R. H. 
Garnett, Muscoe Garnett, Goode, Hall, Hill, Hopkins, Jasper, Leake, 
Ligon, Lynch, Lyons, McCandlish, William Martin, Meredith, Morris, 
Rives, Scoggin, Francis W. Scott, Robert G. Scott, Shell, Arthur R. 
Smith, James Smith, Snowden, Southall, Stanard, Straughan, Taylor, 
Tredway, Turnbull, S. Watts, White, YVhittle, Wise, Woolfolk—59 

Noes —Messrs. Mark Bird, Bland, Blue, Richard E. Byrd, Camden, 
Caperton, Carlile, Chapman, Faulkner, Fisher, Floyd, Fulkerson, 
Fultz, Gaily, Hays, Hoge, Hunter, Jacob, Johnson, Kenney, Kilgore, 
Knote, Letcher, Lionberger, Lucas, McComas, Jefferson T. Martin, 
Moore, Murphy, Neeson, Newman, Price, Sheffey, Benjamin H. Smith, 
Joseph Smith, William Smith, Snodgrass, Stephenson, Archibald Stuart, 
Summers, Tate, Trigg, Van Winkle, Wm. Watts, S. C. Williams—45. 

Mr. Summers moved to amend the amendment, by striking out all 
after the word “ years,” in the second line, and inserting in lieu thereof 
the following : 

“ And slaves subject to taxation shall not be taxed at a higher rate 
ad valorem than lands.” 

Mr. Ferguson demanded a division of the question, and it was stated 
to be first upon striking out the words indicated ; and upon this, Mr. 
St ward demanded the main question, which was ordered, and the 
motion to strike out rejected—ayes 48, noes 61. 

On motion of Mr. Muscoe Garnett, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. Armstrong, Mark Bird, Bland, Blue, Richard E. 
Byrd, Camden, Caperton, Carlile, Chapman, Deneale, Faulkner, Fer¬ 
guson, Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, Hunter, 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, 
McComas, Jefferson T. Martin, Moore, Murphy, Neeson, Newman, 
Price, Sheffey, Benjamin H. Smith, Joseph Smith, William Smith, 
Snodgrass, Stephenson, Archibald Stuart, Summers, Tate, Trigg, Van 
Winkle, William Watts, Samuel C. Williams—48. 



Noes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Bocock, Bowden, Bowles, Braxton, Burgess, Chambers, Cham¬ 
bliss, Chilton, Claiborne, Cocke, Conway, Cox, Davis, Douglas, Ed¬ 
munds, Edwards, Finney, Flood, Fuqua, Garland, Muscoe R. H. 
Garnett, Muscoe Garnett, Goode, Hall, Hill, Hopkins, Jasper, Leake, 
Ligon, Lynch, Lyons, McCandlish, William Martin, Meredith, Morris, 
Purkins, Rives, Saunders, Scoggin, Francis W. Scott, Rob’t G. Scott, 
Shell, Arthur R. Smith, James Smith, Snowden, Southall, Stanard, 
Straughan, Taylor, Tredway, Turnbull, Samuel Watts, White, Whit¬ 
tle, Wise, Woolfolk—61. 

Mr. Ferguson moved to amend the amendment in the 2d line, by 
striking out “ no slave subject to taxation,” and inserting in lieu there¬ 
of “ all other slaves,” and the amendment was agreed to. 

On motion of Mr. Mason, the amendment was farther amended by 
striking it ail out after the word “ years” in the 2d line. 

The 18th amendment, being the 2d section of the committee’s 
amendment, was amended on motion of Mr. Mason, by inserting after 
the word law” in the sixth line, the following: 

And all slaves above the age of twelve years, shall be assessed per 
capita , with a tax equal to, and not exceeding, that assessed on land of 
the value of three hundred dollars.” 

Mr. Hays moved to amend the amendment by striking out in the 
9th line, the words u the moiety of.” 

Mr. Gally moved that the Convention do adjourn, and the motion 
was rejected. 

Mr. White demanded the main question upon the motion of Mr. 
Hays, and it was ordered, and the motion rejected—ayes 53, noes 55. 

On motion of Mr. Hays, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Mark Bird, Bland, Blue, Richard E. 
Camden, Caperton, Chapman, Cocke, Edwards, Faulkner, Ferguson, 
Fisher, Floyd, Fulkerson, Fultz, Gaily, Muscoe Garnett, Hays, Hun¬ 
ter, Jacob, Jasper, Johnson, Kenney, Kilgore, Knote, Letcher, Lion- 
berger, McComas, Jefferson T. Martin, Meredith, Moore, Murphy, Nee- 
son, Newman, Price, ShefFey, Benjamin H. Smith, Joseph Smith, 
William Smith, Snodgrass, Snowden, Stephenson, Straughan, Sum¬ 
mers, Tate, Trigg, Van Winkle, William Watts, White, Samuel C. 
Williams, Wise, Wysor—53. 

Noes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Bocock, Bowden, Bowles, Braxton, Burgess, Chambers, Cham¬ 
bliss, Chilton, Claiborne, Conway, Cox, Davis, Deneale, Douglas, 
Edmunds, Finney,Fuqua, Garland, M. R. H. Garnett, Goode,Hall,Hill, 
Hopkins, Leake, Ligon, Lucas, Lynch, Lyons, McCandlish, Wm. Mar¬ 
tin, Morris, Purkins, Rives, Saunders, Scoggin, Francis VV. Scott, Ro¬ 
bert E. Scott, Robert G. Scott, Shell, Arthur R. Smith, James Smith, 
Southall, Stanard, Archibald Stuart, Taylor, Tredway, Turnbull, S. 
Watts, Whittle, Woolfolk—55.' 

Mr. Edmunds demanded the main question, upon agreeing with the 
committee in their amendment as amended. 

But by the unanimous consent of the Convention, Mr. Chambers, 
from the committee on the subject of free negroes, made a report, 
which, on his motion, was ordered to be laid upon the table and prin¬ 
ted ; and Mr. Lyons presented a plan of a court for the City of Rich- 
42 


330 


mond, which, upon his motion, was likewise ordered to be laid upon 
the table, and printed. And then, 

On motion of Mr. Price, the Convention adjourned. 

Friday, July 18, 1851. 

The Convention met pursuant to adjournment, and, on motion of Mr, 
Wish, the reading of yesterday’s journal was dispensed with. 

On motion of Mr. Turnbull, 

Resolved, That the Secretary certify for payment to Alfred L. Thorn¬ 
ton, the sum of $35 75, for services rendered the Co nrnittees on the Leg¬ 
islative Department, and on County Courts and Education, as attested by 
the Chairmen respectively ; and for the purchase of coal, as per receipt 
of Miles P. Wade. 

On motion of Mr. Sheffey, 

Resolved , That the articles of the Constitution, referred to the Com¬ 
mittee ori Revision and Engrossment, be printed as amended, and that the 
Committee be authorized to employ a Clerk. 

Mr. St xnard submitted the following resolution, which, on motion of 
Mr. Douglas, was laid npon the table : 

Resolved , That the Committee on Judicial Apportionment be author¬ 
ized to divide the State into twenty Circuits. 

The Convention then proceeded to the consideration of the Report of 
the Committee of the Whole, upon the report of the Legislative o.nmit- 
tee. 

The President stated the question to be upon the call for the main 
question, made by Mr. Edmonds to the 18th amendment of the Commit¬ 
tee of the Whole, and the main question was ordered. 

Mr. Camden demanded a division of the section, and the question was 
first propounded upon all to the word “taxation” in the 3d line, and was 
decided in the affirmative, ayes 62, noes 49. 

On motion of Mr. Stuar t, of Patrick, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. Mason, (Pres’t.) Beale, Bland, Bocock, Bowden, Bowles, 
Braxton, Burgess, Chambers, Chambliss, Chilton, Claiborne, Cocke, Con¬ 
way, Cox, Davis, Deneale, Douglas, Edmunds, Finney, Flood, Fuqua, 
Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hays, 
Hill, Hopkins, Hui ter, Leake, Ligon, Lucas, Lynch, McCandlish, Wm. 
Martin, Morris, Murphy, Purkins, Rives, Scoggin, Francis W. Scott, 
Robert E. Scott, Shell, Arthur R. Smith, James Smith, Snowden, South- 
all, Stanard, Straughan. Taylor, Tredway, Tunis, Turnbull, Wallace, 
Samuel Watts,Whittle, Wingfield, Wise, Woolfolk—62. 

Noes —Messrs. Armstrong, Banks, Barbour, Blue, Botts, Brown, Byrd, 
Camden, Caperton, Carlile, Dale Carter, Chapman, Edwards, Faulkner, 
Ferguson, Fisher, Fulkerson, Fultz, Gaily, Jacob, Jasper, Johnson, Ken¬ 
ney, Kilgore, Knote, Letcher, McComas, Jefferson T. Martin, Meredith, 
Miller, Moore, Neeson, Newman, Price, Robert G. Scott, Seymour, Shef¬ 
fey, Joseph Smith, William Smith, Stephenson, S uart, Summers, Tate, 
Trigg, Van Winkle, William Watts, White, Samuel C. Williams, Wy- 
sor—49. 

The question then recurred upon the second paragraph of the amend¬ 
ment, ter ninating at the word “law” in the 6th line, and was decided in 
the affirmative, ayes 66, noes 43. 



331 

On motion of Mr. Stuart, of Patrick, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. Armstrong, Barbour, Beale, Bird, Bland, Bocock, 
Botts, Bowden, Braxton, Brown, Chambers, i laiborne, Cocke, Conway, 
Cox, Deneale, Edmunds, Edwards, Ferguson, Flood, Fultz, Gaily, Gar¬ 
land, Muscoe Garnett, Goode, Hall, Hays, Hill, Hoge, Hopkins, Jacob, 
Kenney, Knote, Letcher, Ligon, Lionberger, Lucas, McCandlish, McCo- 
mas, Jefferson T. Martin, William Martin, Miller, Moore, Morris, Nee- 
son, Newman, Purkins, Francis W. Scott, Robert E. Scott, Shell, Arthur 
R. Smith, Benjamin H. Smith, James Smith, Joseph Smith, Snowden, 
Straughan, Summers, Tredway, Tunis, Van Winkle, Samuel Watts, 
White, S. C. Williams, Wingfield, Wi>e, Woolfolk—66. 

JV* >es —Messrs. Mason, (Pres’t.) Banks, Blue, Bowles, Burgess, Byrd, 
Cam len, Caperton, Carlile, Dale Carter, Chambliss, Chapman, Chilton, 
Davis, Finney, Fuqua, Muscoe R. H. Garnett, Hunter, Jasper, Johnson, 
Kilgore, Leake, Meredith, Murphy, Price, Rives, Saunders, Scoggin, 
Robert G. Scott, Seymour, William Smith, Snodgrass, Southall, Stanard, 
Stephenson, Stuart, Tate, Taylor, Trigg, Turnbull, Wallace, William 
Watts, Whittle—43. 

The question was then propounded upon the next paragraph, be ng in 
these words, “ and all slaves above the age of twelve years shall be assess¬ 
ed, per capita , with a tax equal lo, and not exceeding that assessed on 
land of the value of three hundred dollars.” 

The same was agreed to by the Convention, ayes 87, noes 25. 

On motion of Mr. Stuart, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Banks, Barbour, Beale, Bird, Bland, 
Bocock, Botts Bowden, Bowles, Braxton, Burgess, Byrd, Carlile, Cham¬ 
bers, Chambliss, Chilton, Claiborne, Cocke, Conway, Cox, Davis, De¬ 
neale, Douglass, Edmunds, Edwards, Ferguson, Finney, Flood, Fultz, 
Fuqua, Gaily, Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, 
Hall, Hays, Hill, Hoge, Hopkins, Hunter, Jasper, Johnson, Knote, 
Leake, .Ligon, Lionberger, ! .ucas, Lynch, McCandlish, McComas, Jefferson 
T. Martin, William Martin, Meredith, Miller, Moore, Morris, Murphy, 
Purkins, Rives, Saunders, Scoggin, Francis W. Scott, Robert E. Scott, 
Robert G. Scott, Shell, Arthur R. Smith, Benjamin H. Smith, James 
Smith, Snowden, Southall, Stanard, Straughan. Stuart, Taylor, Tredway, 
Tunis, Turnbull, Van Winkle, Wallace, Samuel Watts, White, Whittle, 
Samuel C. Williams, Wingfield, Wise, Woolfolk—87. 

jXncs —Messrs. Armstrong, Blue. Brown, Camden, Caperton, Dale Car¬ 
ter, Chapman, Faulkner, Fisher, Kenney, Letcher, Neeson, Newman, 
Price, Seymour, Sheffey, Joseph Smith, William Smith, Snodgrass, Ste¬ 
phenson, Summers, Tate, Trigg, William Watts, Wysor—25. 

The question was then put upon the next division of the section, down 
to the word u Provided ” in the 9th line, and was agreed to. 

The question was next submitted upon agreeing with the amendment 
down to the word “but” in the 11th line, and was decided in the affirma¬ 
tive, ayes 93, noes 20. 

On motion of Mr. Stuart, of Patrick, the vote was recorded as follows : 

Ayes —Messrs. Armstrong,Arthur, Barbour, Beale, Bird, Bland, Blue, 
Botts, Bowden. Brown, Byrd, Camden, Caperton, Carlile, Dale Carter, 
Chambliss, Chapman, Chilton, Claiborne, Cox, Davis, Deneale, Edwards, 


332 


Faulkner, Ferguson, Finney, Fisher, Flood, Floyd, Fulkerson, Fultz, 
Gaily, Garland, Muscoe Garnett, Hays, Hill, Hoge, Hopkins, Hunter, Ja¬ 
cob, Jasper, Johnson, Kenney, Kilgore, Knote, Letcher, Ligon, Lionber- 
ger, Lucas, McCandlish, McCornas, Jefferson T. Martin, Wm. Martin, 
Meredith, Miller, Moore, Murphy, Neeson, Newman, Price, Parkins, Saun¬ 
ders, Scoggin, Francis W. Scott, Robert E. Scott, Seymour, Sheffey, Ar¬ 
thur R. Smith, Benjamin H. Smith, Joseph Smith, William Smith, Snod¬ 
grass, Snowden, Southall, Stanard, Stephenson, Straughan, Stuart, Sum¬ 
mers, Tate, Taylor, Trigg, Tunis, Van Winkle, Wallace, S. Watts, Wil¬ 
liam Watts, White, Whittle Samuel C. Williams, Wingfield, Wise and 
Wysor—93. 

Nays —Messrs. Mason, (Pres’t.,) Banks, Bocock, Bowles, Braxton, 
Burgess, Chambers, Conway, Edmunds, Fuqua, Muscoe R. H. Garnett, 
Hall, Leake, Lynch, Rives, Shell, James Smith, Tredway, Turnbull, 
Woolfolk—20. 

The last paragraph of the amendment was then concurred ill by the 
Convention. 

The question was then put upon agreeing with the amendment of the 
Committee of the Whole, as amended, in the 1st section of this article— 
and upon this, Mr. Martin, of Henry, demanded the main question, which 
was ordered, and the amendment as amended was agreed to, ayes 76, noes 
38 

On motion of Mr. Camdfn, the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Armstrong, Arthur, Banks, Barbour, 
Beale, Bland, Bocock, Bowden, Bowles, Braxton, Burgess, Cham¬ 
bers, Chambliss, Chilton, Claiborne, Cocke, Conway, Cox, Deneale, Ed¬ 
munds, Edwards, Ferguson, Finney, Flood, Fuqua, Garland, Muscoe R. 
H. Garnett, Muscoe Garnett, Goode, Hall, Hays, Hill, Hopkins, Hunter, 
Jacob, Jasper, Johnson, Jones, Leake, Letcher, Ligon, Lucas, Lynch, Mc¬ 
Candlish, Wm. Martin, Meredith, Miller, Morris. Murphy, Purkins, Rives, 
Saunders, Scoggin, Francis W. Scott, Robert E. Scott, Robt. G. Scott, 
Shell, Arthur R. Smith, James Smith, Snowden, Southall, Stanard, Strau¬ 
ghan, Stuart, Summers, Taylor, Tredway, Tunis, Turnbull, Wal ace, Sam¬ 
uel Watts, White, Whittle, Wingfield,Wise Woolfolk—76. 

Noes —Messrs. Bird, Blue, Botts, Byrd, Camden, Caperton, Carlile, 
Dale Carter, Chapman, Fisher, Floyd, Fulkerson, Fultz, Gaily, IJoge, 
Kenney, Kilgore, Knote, Lionberger, McCornas, Jefferson T. Martin, 
Moore, Neeson, Newman, Price, Seymour, Sheffey, Benjamin H. Smith, 
Joseph Smith, William Smith, Snodgrass, Stephenson, Tale, Trigg, Van 
Winkle, Wm. Watts, Samuel C. Williams, Wysor—38. 

The 19th, 20th, 21st and 22d amendments were then, upon motions 
respectively put, agreed to by the Convention. 

Mr. W t ise moved to amend the 23d amendment in the 1st line, by striking 
out the words “ be empowered to,” and the motion was agreed to. 

The same amendment was further amended, on motion of Mr. Whit¬ 
tle, by striking out in the 5th line the words “ by the appointment of 
trustees to hold the same.” 

In the same amendment, 4th line, Mr. Bocock moved to strike out the 
words “ church property,” and insert in lieu thereof, the words “ places of 
religious worship and burying grounds.” 

Mr. Scott, of Caroline, demanded a division of the question, and it was 





I 


333 

K 

iirst propounded upon striking out the words indicated, and was decided in 
the negative. 

So that Mr. Bocock’s amendment was disagreed to. 

Mr. Hays moved farther to amend the same amendment in the 2d line r 
by inserting after the word “whatever,” the words “ or any secret so¬ 
ciety.” 

Upon this amendment, Mr. Hays demanded the main question, which was 
ordered, and the amendment rejected. 

Mr. Botts moved further to amend the amendment by adding at the end 
thereof the following: “provided that in no case shall the property of any 
one church exceed in value the sum of dollars, independent of the 

church building and the necessary grounds attached thereto.” 

The said amendment being submitted to the Convention, was rejected. 

Mr. Wise demanded the main question upon the amendment as amended, 
and it was ordered by the Convention. 

Mr. Bowden called for a division of the amendment, and the Chair de¬ 
cided that it did not embrace propositions so distinct in their nature as to 
be susceptible of division, and that the demand of Mr. Bowden could not 
be entertained. 

From this decision of the President, Mr. Bowden appealed to the 
Convention ; and the question being put, “ shall the decision of the Presi¬ 
dent stand as the judgment of the Convention?” was decided in the affir¬ 
mative. 

** The 23d amendment as amended was then concurred in. 

Mr. Neeson moved to amend the 24th amendment, being the 7th sec¬ 
tion of the 4th article, in the report of the legislative committee as amended, 
by inserting, after the word “ company” in the 1st line, the words “ or in¬ 
stitution.” Upon this amendment Mr. Tredway demanded the main 
question, which was ordered, and the amendment rejected. 

Upon agreeing with the amendment of the committee, Mr. Carlile de¬ 
manded the main question, but it was not sustained. 

Mr. Goode moved to amend the amendment in the 3d line, by inserting 
after the word “ company,” the words “ except for the purposes of edu¬ 
cation.” 

Upon this amendment Mr. Conway demanded the main question, which 
was ordered, and the amendment agreed to. 

The question then recurred upon agreeing with the amendment as amen¬ 
ded, and was decided in the negative, ayes 32, noes 79. 

On motion of Mr. Letcher, the vote was recorded as follows: 

Ayes —Messrs. Banks, Beale, Bowden, Conway, Deneale, Douglass, 
Edmunds, Faulkner, Finney, Fultz, Mnscoe R. H. Garnett, Muscoe Gar¬ 
nett, Goode, Hall, Hopkins, Hunter, Jasper, Kenney, Lucas,Morris, Mur- 
I’ phy, Purkins, Rives, Scoggin, Francis W. Scott, Shell, Jas. Smith, Straugh- 
an, Turnbull, Wallace, White, Woolfolk—32. 

JVays —Messrs. Mason, (Pres’t.) Armstrong, Arthur, Barbour, Bird, 
Bland, Bocock, Botts, Bowles, Braxton, Burgess, Byrd, Camden, Caper- 
ton, Carlile, Dale Carter, Chambers, Chambliss, Chapman, Chilton, Clai¬ 
borne, Cox, Davis, Edwards, Ferguson, Flood, Floyd, Fulkerson, Fuqua, 
Gaily, Garland, Hays, Hill, Hoge, Jacob, Johnson, Kilgore, Knote, Leake, 
rLetcher, Ligon, Lynch, Lyons, McCandlish, McComas, J. T. Martin, 
William Martin, Meredith, Miller, Moore, Neeson, Newman, Price, Saun- 



334 


tiers, RobertE. Scott, Robert G. Scott, Seymour, Sheffey, Arthur R. 
Smith, Benjamin H. Smith, Joseph Smith, William Smith, Snodgrass, 
Snowden, Southall, Stanard, Stephenson, Summers, Tate, Taylor, 1 red¬ 
way, Tunis, Van Winkle, Samuel Watts, Whittle, Samuel C. Williams, 
Wingfield, Wise, Wysor— 7 9 

On motion of Mr. Stanard, the Convention agreed to pass by the report 
of the committee on the legislative department. 

On farther motion of Mr. Stanard, the report of the committee of the 
whole on the report of the committee on County Courts, &c. was taken up 
for consideration. 

The President announced the question pending, to be upon an appeal 
taken from the decision of the Chair, by Mr. Wise. 

W hereupon Mr. Wise, with the leave of the Convention, withdrew his 
said appeal. 

Mr. Stanard, in accordance with the notice given by him yesterday, 
submitted a motion to rescind the 8th rule of the Convention, and recon¬ 
sider the vote striking out the 3d article of the report, and inserting in 
lieu thereof an amendment of Mr. Lynch as amended. 

The said motion, being submitted to the Convention, was decided in the 
affirmative, and the reconsideration of the said vote ordered. 

Mr. Botts moved to amend the 1st section of the amendment of Mr. 
Lynch by'adding thereto thefollowing: “Provided, thatpn all elections made 
by the people, they shall be by the qualified voters under this constitution.” 

The said amendment being under consideration, Mr. M. Garnett de¬ 
manded the main question, and it was ordered, and the amendment rejec¬ 
ted, ayes 50, noes 57. 

On motion of Mr. Letcher, the vote was recorded as follows : 

.dyes —Messrs.Armstrong.Bland, Blue, Botts, Bowden, Brown,Caperton, 
Carlile. Dale Carter, Chapman, Davis, Deneale, Edwards, Faulkner, Fer¬ 
guson, Fisher, Floyd, Gaily, Garland, Hays, Hoge, Hopkins, Hunter, 
Johnson, Kilgore, Knote, Letcher, Lionberger, Lucas, Lynch, McComas, 
Jefferson T. Martin, Win. Martin, Meredith, Murphy, Neeson, Lives, 
Saunders, Joseph Smith, William Smith, Snodgrass, Snowden, Stephen¬ 
son, Stuart, Summers, Tate, Van Winkle, Samuel C. Williams, Wingfield, 
Wise—50. 

Nays —Messrs.Mason, (Pres’t.) Banks, Barbour, Boeock, Bowles, Brax¬ 
ton, Burgess, Byrd, Chambers, Chambliss, Chilton, Claiborne, Cocke, Con¬ 
way, Cox, Douglas, Edmunds, Finney, Flood, Fulkerson, Fuqua, M R.. 
H. Garnett, Goode, Hall, Hill, Jasper, Kenney, Leake, Ligon, Ly ons, 
McCandlish, Miller, Moore, Morris, Newman, Purkins, Scoggin, R. E. 
Scott, Robert G. Scott, Seymour, Shell Sheffey, Arthur R. Smith, James 
Smith, Southall, Stanard, Straughan, Taylor, Tredway, Trigg, Turnbull, 
Wallace, Samuel Watts, William Watts, White, Whittle and Woolfolk— 
57. 

Upon the amendment of Mr. Lynch as amended, Mr. Watts, of Roan¬ 
oke, demanded the main question, which was ordered. 

Mr. Watts, of Norfolk county, demanded a division of the question, and 
it was first propounded upon striking out the 3d article, and decided in 
the negative. 

So that the amendment of Mr. Lynch as amended was rejected. 

On motion of Mr. Bocock, ordered that the report on County Courts, 
as amended, be referred to the committee on revision and engrossment. 


335 


The Convention then resumed the consideration of the report of the com¬ 
mittee of the whole upon the report of the committee on the legislative de¬ 
partment on its second reading. 

Mr. Carlile moved to amend the same in the 1st article, 4th and 5th 
lines, by striking out all after the word k< except” inclusive in the 4th line ; 
and the motion was rejected. 

The second article was amended, on motion of Mr. Straughan, by stri¬ 
king therefrom the 1st, 2d, 3d and 4th sections thereof. 

On motion of Mr. Barbour, the 5th section was amended by striking 
out “ thirty” in the 2d line, and inserting in lieu thereof the words “ twen¬ 
ty-five.” 

On motion of Mr. Summers, the section was farther amended by striking 
out u twenty-five” in the (ith line, and inserting in lieu thereof the words 
41 twenty one.” 

Mr. Williams, of Shenandoah, moved further to amend the section, by- 
striking out from the word “ Provided ” in the 9th, to the word “ shall” 
in the 13th line, and inserting the following : 

M That all persons holding oilice, and deriving pay in whole or in part, 
from the treasury of this State, the salary, fees, and perquisites whereof 
shall exceed one hundred dollars; all persons holding offices or appoint¬ 
ments under the United States, or any other state or government; clerks 
of the County and Corporation Courts, and Attorneys for the common¬ 
wealth, and all salaried officers of banking corporations and companies ; 
all ministers of the Gospel, and priests of every religious denomination.” 

The said amendment being submitted to the Convention, was rejected. 

Mr. Edwards moved to amend in the 16th line, by adding the word 
“senatorial” after the word town, and the motion was rejected. 

The hour of two o’clock having arrived, the Convention took a recess. 


At half-past four o’clock the Convention re-assembled and continued the 
consideration of the report on the legislative department. 

In the 23d line of the sixth section, article two, Mr Moore moved to 
amend, by inserting after the word u members,” the following: “ but a 
contested election may be determined in such manner as may be prescribed 
by law.” 

The said amendment was agreed to by the Convention. 

The same section was farther amended on motion of Mr. Goode, by in¬ 
serting after the word “ vacancies,” in the 16th line, the words “ except 
that the Lieutenant Governor shall be the presiding officer of the Senate, 
as provided for in this Constitution.” 

Mr. Woolfolk moved farther to amend the section in the 10th line, 
by inserting, after the word “ established,” the words “ but not for a pe¬ 
riod exceeding thirty days.” 

Mr. Hunter moved to strike out “ thirty” in the amendment, and insert 
in lieu thereof “ fifteen,” and the motion was rejected. 

Mr. Knote moved to strikeout “ thirty,” and insert “ forty-five,” and 
Mr. Bird, of Shenandoah, moved “ twenty.” The motions of Messrs. 
Bird and Knote were rejected, and that of Mr. Woolfolk agreed to. 

Mr. Hays moved to strike out the section to the word “ no,” in the 5th 

line. 



336 



Mr. Smith, of Greenbrier, demanded the main question, which was or¬ 
dered, and the motion rejected, ayes 8, noes 92. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes —Messrs. Conway, Cox, Davis, Muscoe R. H. Garnett, Hays, 
Meredith, Stanard, Whittle, Woolfolk—8. 

Noes —Messrs. Mason, (Preset.) Armstrong, Banks, Barbour Beale, 
Bird Bland, Blue, Bocock, Bowden, Bowles, Braxton, Brown, Burgess, 
Byrd, Camden, Caperton, Carlile, Dale Carter. Chambers, Chambliss, 
Chapman, Claiborne, Deneale, Edmunds, Edwards, Faulkner, Ferguson, 
Finney, Flood, Floyd, Fulkerson, Fultz, Fuqua, Gaily, Garland, Muscoe 
Garnett, Goode, Hall, Hill, Hoge, Hopkins, Hunter, Jacob, Jasper, Ken¬ 
ney Kilgore, Knote, Leake, Letcher, Ligon. Lionherger, Lucas, Lynch, 
McComas, Jefferson T. Martin, William Martin, Moore, Morris, Murphy, 
Neeson, Newman, Price, Rives, Saunders, Scoggin, Francis W. Scott, 
Robert E. Scott, Shell, Sheffey, Arthur R. Smith, Benjamin H. Smith,, 
Joseph Smith, William Smith, Snodgrass,- Snowden, Southall, Stephenson, 
Straughan, Stuart, Summers, Tate, Taylor, Tredway, Tunis, Turnbull, 
Yan Winkle, Samuel Watts, White, Samuel C. Williams, Wingfield, W'or- 
sham —92. 

Mr. Bland moved to strike out from u commonwealth’’ in the 2d to the 
word “ when” in the 4th line, and the motion was rejected. 

Mr. M. R. H. Garnett moved to amend the section by striking out 
from “ or” in the 4th line to the word “ day” in the 10th, (i. e. the end of 
the amendment adopted on motion of Mr. Woolfolk,) and insert “ pro¬ 
vided that when three-fifths of the members elected to each house of the 
General Assembly shall concur, the session may be extended beyond the 
limitation herein established.” 

The question was divided, and being first put upon striking out, was de¬ 
cided in the negative. 

Mr. Woolfolk moved farther to amend the section, by striking out the 
section to the word “ unless” in the 2d line, and inserting in lieu thereof 
the following : “ The General Assembly shall meet annually or biennially, 
as the Legislature may from time to time determine.” 

The said amendment being submitted to the Convention, was rejected. 

On motion of Mr. Stanard, the 9th section was amended in the 2d line 
by inserting, after the word “ time,” the following : 11 and the ayes and 
nays of the members of either house, on any question, shall, at the desire of 
one-fifth of those present, he entered on the journal.” 

Mr. Williams, of Shenandoah, moved to amend the 12th section by in¬ 
serting, after the word “ compensation” in the fifth line, the following : “ or 
any law by which a county, city or town may be authorized to subscribe 
to any work of internal improvement, by submitting the question to the vo¬ 
ters therein.” 

The amendment was not agreed to by the Convention. 

After the 13th section, Mr. Van Winkle moved to amend the report 
by inserting the following new section : 

The General Assembly shall pass general laws, whereby any number of 
persons associated for mining, manufacturing, banking, insuring, or other 
purpose useful to the public, excepting the construction of works of inter¬ 
nal improvement, may become a corporation on complying with such terms 
and conditions as may be thereby prescribed ; and no special act incorpo- 


337 


rating, or granting peculiar privileges to, any joint stock or other compa¬ 
ny or association not having in view the construction of some work of in¬ 
ternal improvement, shall be passed. But no company or association shall 
issue bills to circulate as money until it has given security for the redemp- 
* 10 M^ ere0 ^ * n suc ^ manner as shall be provided by law. 

Mr. F erguson moved to amend the amendment, by substituting therefor 
the following: 

u No law shall be passed for the incorporation of any banking associa¬ 
tion, without making the private property of the stockholders liable for 
the redemption of its notes.” 

Mr. Van Winkle demanded a division, and the question was first pro¬ 
pounded upon striking out Mr. Van Winkle’s, and decided in the affir¬ 
mative, ayes 83, noes 25. 

Oil motion of Mr. Conway, the vote was recorded as follows: 

Ayes —Messrs.Mason, (Pres’t.) Armstrong, Barbour, Beale, Blue, Bo- 
cock, Bowles, Braxton, Burgess, Byrd, Caperton, Carlile, Chambliss, Chap¬ 
man, Claiborne, Conway, Cox, Davis, Deneale, Edmunds, Faulker, Fer¬ 
guson, Finney, Flood, Floyd, Fulkerson, Fultz, Fuqua, Garland, Muscoe 
R. H. Garnett, Muscoe Garnett, Goode, Hall, Hays, Hill, Hoge, Hopkins, 
Jasper, Johnson, Kenney, Kilgore, Leake, Letcher, Ligon, Lionberger, Lu¬ 
cas, Lynch, Lyons, McComas, William Manin, Meredith, Morris, Mur¬ 
phy, Neeson, Newman, Price, Purkins, Saunders, Scoggin, F. W. Scott, 
Shell, Sheffey, Arthur R. Smith, James Smith, Joseph Smith, William 
Smith, Southall, Stanard, Stephenson, Straughan, Stuart, Summers, Tate, 
Taylor, Tredway, Trigg, Turnbull, Samuel Watts, White, Whittle, 
Wingfield, Woolfolk, V\ orsham Wysor—83. 

JVoes —Messrs. Banks, Bird, Bland, Botts, Bowden, Brown, Camden, 
Dale Carter, Chilton, Edwards, Fisher, Gaily, Hunter, Jacob, Knote, Jef- 
erson T. Martin, Moore, Robert E. Scott, Seymour, Benjamin H Smith, 
Snodgrass, Snowden, Van Winkle, Samuel C. Williams, Wise—25. 

The question then recurred upon inserting Mr. Ferguson’s amendment, 
and the amendment was rejected, ayes 51, noes 60. 

On motion of Mr. Conway, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Banks, Barbour, Beale, Bland, Bow¬ 
den, Bowles, Braxton, Brown, Burgess, Chambliss, Chapman, Claiborne, 
Conway, Deneale, Ferguson, Finney, Fisher, Fulkerson, Fultz, Fuqua, 
Muscoe R. H. Garnett, Goode, Hall, Hays, Hopkins, Jasper, Johnson, 
Kenney, Kilgore, Knote, Leake, Letcher, Ligon, Lionberger, McComas, 
Jefferson T. Martin, Morris, Neeson, Purkins, Scoggin, Francis W. Scott, 
Snodgrass, Stephenson, Straughan, Stuart, Tate, Turnbull, Samuel C. 
Williams, Wise, Woolfolk—51. 

Noes —Messrs. Armstrong, Bird, Blue, Bocock, Botts, Byrd, Camden, 
Caperton, Carlile, Dale Carter, Chilton, Cox, Davis, Edmunds, Edwards, 
Faulkner, Flood, Floyd, Gaily, Garland, Muscoe Garnett, Hill, Hoge, 
Hunter, Jacob, Lucas, Lynch, Lyons, William Martin, Meredith, Moore, 
Murphy, Newman, Price, Saunders, Robert E. Scott, Robert G. Scott, 
Seymour, Shell, Sheffey, Arthur R. Smith, Benjamin H. Smith, James 
Smith, Joseph Smith, Wm. Smith, Snowden, Southall, Stanard, Sum¬ 
mers, Taylor, Tredway, Trigg, Tunis, Van Winkle, Samuel Watts, 
White, Whittle, Wingfield, Worsham, Wysor—60. 

Mr. Byrd, of Frederick, gave notice that to-morrow he would move to 

43 

« a 


338 


r 


suspend the 8th rule, to enable him to move a reconsideration of the vote 
adopting the 14th amendment of the committee of the whole, being the 
15th section of the 2d article. 

Mr. Claiborne gave a similar notice in relation to reconsidering the 
vote agreeing to the 13th amendmend, being the 14th section of the 2d ar¬ 
ticle. 

The 16th section, lines 1 and 2, was amended, on motion ofMr. Price, 
by striking out the word embrace, and inserting in lieu thereof the w T ord 
“ expressed.” 

Mr. Wise moved farther to amend the report, by striking therefrom the 
18th section. 

Mr. Williams, of Shenandoah, moved first to amend the section in the 
first line, by striking out the word “ may,” and inserting in lieu thereof, 
the word “ shall.” The said amendment w*as not agreed to. 

The question then recurred upon the motion of Mr. Wise, and w r as de¬ 
cided in the negative, ayes 39, noes 66. 

On motion of Mr. Lyons, the vote w*as recorded as follows: 

Ayes —Messrs. Beale, Bland, Burgess, Carlile, Chilton, Conway, Da¬ 
vis, Ferguson, Finney, Fulkerson, Muscoe R. H. Garnett, Jasper, Lyons, 
McComas, J. T. Martin, Wm. Martin, Meredith, Morris, Murphy, Pur- 
kins, Robert E. Scott, Robert G. Scott, Arthur R. Smith, James Smith, 
Joseph Smith, Snowden, Stanard, Whittle, Samuel C. Williams, Wingfield, 
Wise—31. 

Noes —Messrs. Mason, (Pres’t.) Armstrong, Banks, Bird, Blue, Bocock, 
Botts, Bowles, Braxton, Brow’n, Camden, Dale < arter, Chambliss, Chap¬ 
man, Cox, Edmunds, Eihvards, Faulkner, Fisher, Flood, Fultz, Gaily, 
Garland, Muscoe Garnett, Goode, Hall, Hays, Hill, Hoge, Hopkins, Hun¬ 
ter, Jacob, Johnson, Kenney, Kilgore, Knote, Leake, Letcher, Ligon, 
Lionberger, Lucas, Lynch, Moore, Neeson, New’man, Pendleton, Price, 
Saunders, Scoggin, Francis W. Scott, Seymour, Shell, Sheflfey, Benjamin 
H. Smith, William Smith, Snodgrass, fr outhall, Stephenson, Straughan, 
Stuart, Summers, Tate, Taylor, Trigg, Tunis, Turnbull, Van Winkle, 
Worsham, Wysor—69. 

Mr. M. R. H. Garnett moved to amend the report, by inserting the fol¬ 
lowing new section, after the 18th : 

“ The Legislature shall not release any bank from the obligation to re¬ 
deem its notes in specie, or relieve it from a forfeiture of its charter, upon 
its failure to do so.” 

Upon this amendment Mr. Carlile demanded the main question, which 
was ordered, and the amendment rejected, ayes 39, noes 66. 

On motion of Mr. Muscoe R. H. Garnett, the vote was recorded as 
follows: 

Ayes —Messrs. Mason, (Pres’t.) Armstrong, Banks, Barbour, Beale, 
Bland, Brown, Burgess, Carlile, ( hambliss, Chapman, Claiborne, Con¬ 
way, Ferguson, Fisher, Fuqua, Muscoe R. H. Garnett, Goode, Hays, 
Hopkins, Hunter, Jasper, Johnson, Kenney, Kilgore, Knote, Letcher, 
Ligon, Lionberger, Jefferson T. Martin, Murphy, Neeson, Pendleton, 
Scoggin, Joseph Smith, Snodgrass, Turnbull, S. C. Williams, Woolfolk 
—39. 

Noes —Messrs. Bird, Blue, Bocock, Botts, Bowles, Braxton, Byrd, 
Camden, Dale Carter, Chilton, Cox, Davis, Edmunds, Edwards, Faulk- 


339 


ner, Finney, Flood, Fulkerson, Fultz, Gaily, Garland, Muscoe Garnett, 
Hall, Hill, Hoge, Jacob, Leake, Lucas, ! -ynch, Lyons, William Mar¬ 
tin, Meredith, Moore, Morris, Newman, Price, Parkins, Saunders, Fran¬ 
cis W. Scott, Robert E. Scott, Robert G. Scott, Seymour, Shell, Sheffey, 
Arthur R. Smith, Benjamin H. Smith, James Smith, Snowden, Southall, 
Stanard, Stephenson, Sirausdian, Stuart, Summers, Tate. Taylor, 
Trigg, Tunis, Van Winkle, William Watts, White, Whittle,Wingfield, 
Wise, Worsham, Wysor—66. 

On motion of Mr. Taylor, the Convention then adjourned. 


Saturday, July 19, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer, by the Rev. Mr. Hoge, of the Presbyterian church. 

On motion of Mr. Deneale, 

Ordered , That the rule requiring the daily reading of the journal, 
be suspended for this day. 

Mr. Scoggin presented a copy of the proceedings of a public meet¬ 
ing of citizens of Lunenburg county, upon the subject of the “ basis 
of representation,” which, upon his motion, was ordered to be laid 
upon the table. 

Mr. Chilton presented a communication signed by fifty-three citi¬ 
zens of the county of Fauquier, conveying to him their wishes in re¬ 
lation to the question of the basis of representation. 

On motion of Mr. Chilton, 

Ordered , Th it the said communication be laid upon the table. 

The Convention then proceeded to the consideration of the report of 
the Legislative committee, on its second reading. 

Mr. Taylor moved to amend the 19th section of the 2d article, by 
striking out the same, and inserting, in lieu thereof, the following: 

“ The governor, lieutenant governor and judges, offending against 
the state, either by mal-administration, corruption, neglect of duty, 
or any other high crime, or misdemeanor, shall be impeachable by 
the house of delegates ; such impeachment to be prosecuted before 
the senate, which shall have the sole power to try all impeachments. 
When sitting tor that purpose, the senate shall be on oath, or affirma¬ 
tion ; but no person shall be convicted, without the concurrence of 
two-thirds of the members present. Judgment, in case of impeach¬ 
ment, shall not extend further than to removal from office, and disquali¬ 
fication to hold and enjoy any office of honor, trust, or profit, under 
the commonwealth ; and all officers elective under this constitution, 
offending in like manner, shall be removeable from office in such man¬ 
ner, as may be prescribed by law ; but the party so convicted or re¬ 
moved, shall nevertheless, be liable, and subject to indictment, trial, 
judgment and punishment, according to law.” 

Before striking out, on motion of Mr. Goode, the section was amen¬ 
ded in the 1st line, by inserting “ lieutenant governor” after the word 
il governor,” and in the 3d line, by striking out the word “im¬ 
peached,” and inserting “ impeachable.” 

The section was farther amended, on motion of Mr. Moore, by add¬ 
ing thereto the following : “ And the legislature may provide by law, 
that the senate may sit during the recess of the general assembly, for 
the trial of impeachments.” 



340 


Mr. Woolfolk moved farther to amend the section, by striking out 
from the word “ shall” in the 3d to the word “be” in the 11th line. 
Mr. Deneale demanded the main question, which was ordered, and 
the amendment of Mr. Woolfolk rejected. 

The question recurring upon the amendment of Mr. Taylor, Mr. 
Hunter demanded the main question, which was ordered, and Mr. 
Taylor’s amendment rejected. 

The 20th section was amended on motion of Mr. M. Garnett, by 
adding thereto the following: “ Provided , That dumb persons, enti¬ 
tled to suffrage, may vote by ballot.” 

Mr. Knote moved farther to amend by striking out in the 2d and 3d 
lines, the words “and not by ballot,” and insert “ until otherwise or¬ 
dered by the general assembly.” 

Upon this question, Mr. Deneale demanded the main question, 
which was ordered, and the amendment rejected—ayes 27, noes 74. 

On motion of Mr. Knote, the vote was recorded as follows : 

Ayes —Messrs. Mark Bird, Bland, Botts, Richard E. Byrd, Cocke, 

. Ferguson, Finney, Fisher, Fultz, Gaily, Hays, Jacob, Knote, Letcher, 
Jefferson T. Martin, Neeson, Newman, Pendleton, Sheffey, Joseph 
Smith, Snodgrass, Stephenson, Taylor, Trigg, Tunis, Wallace, Wing¬ 
field—27. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Beale, Blue, Bowles, Braxton, Brown, Burgess, Camden, 
Caperton, Carlile, Dale Carter, Chambliss, Chilton, Conway, Davis, 
Deneale, Edmunds, Edwards, Faulkner, Flood, Floyd, Fulkerson, 
Fuqua, Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, 
Hill, Hoge, Hopkins, Hunter, Jasper, Johnson, Kenney, Kilgore, 
Leake, Lionberger, Lucas, Lynch, McComas, Meredith, Miller, Moore, 
Murphy, Price, Randolph, Saunders, Scoggin, Francis W. Scott, Ro¬ 
bert E. Scott, Robert G. Scott, Seymour, Arthur R. Smith, Benjamin 
H. Smith, William Smith, Snowden, Southall, Stanard, Straughan, 
Summers, Tate, Tredway, Turnbull, Van Winkle, Samuel Watts, 
Whittle, Samuel O. Williams, Wise, Worsham—74. 

After the 21st section, Mr. Scoggin moved to amend the report, by 
inserting the following new section : 

“ The legislature shall provide by law, that no member of the gene¬ 
ral assembly shall receive pay for any day he is absent from duty, un¬ 
less he has leave of absence, or shall be excused for said absence, by a 
majority of the house of which he is a member.” 

The question being put upon the said amendment, was decided in 
the negative. 

Mr. Wise moved to amend the report in the 3d article, by adding to 
the 1st section, the following : 

“ No free negro, now under the age of ten years, and none hereafter 
born, shall remain in this commonwealth—the females after they attain 
to the age of 18 years, and the males after they attain to the age of 21 
years: And it shall be the duty of the legislature to provide by law 
for the deportation, beyond the limits of the United States, as they shall 
attain to the ages aforesaid, of those who may consent to remove, and 
for the sale of those who may elect to remain in the commonwealth and 
be sold ; permitting them to select their masters, on such equitable 
terms and conditions as the law may provide.” 


341 


Mr. M. R. H. Garnett moved to amend the amendment by striking 
out the words ce as they shall attain the ages aforesaid.” 

The said amendment was not agreed to by the Convention. 

The question recurring upon the amendment of Mr. Wise, Mr. New¬ 
man demanded the main question, which was ordered, and the amend¬ 
ment rejected—ayes 27, noes 67. 

On motion of Mr. Smith, of Norfolk county, the vote was recorded 
as follows : 

Ayes —Messrs. Arthur, Banks, Barbour, Beale, Bland, Botts, Brax¬ 
ton, Deneale, Edmunds, Faulkner, Fuqua, Hopkins, Jasper, Kenney, 
Leake, Lyons, Jefferson T. Martin, William Martin, Scoggin. Francis 
W. Scott, Robert G. Scott, Arthur R. Smith, Turnbull, Samuel Watts, 
Wingfield, Wise, Worsham—27. 

Noes —Messrs. John Y. Mason, (Pres’t.) Armstrong, Mark Bird, 
Blue, Bowles, Burgess, Richard E. Byrd, Camden, CarTile, Dale Car¬ 
ter, Chambliss, Chilton, Cocke, Conway, Davis, Edwards, Ferguson, 
Finney, Flood, Floyd, Fulkerson, Fultz, Garland, Muscoe R. H. Gar¬ 
nett, Muscoe Garnett, Goode, Hall, Hays, Hill, Hoge, Hunter, Kilgore, 
Letcher, Lionberger, Lucas, Meredith, Miller, Moore, Murphy, Neeson, 
Newman, Pendleton, Price, Randolph, Saunders, Robert K. Scott, 
Seymour, Sheffey, Benjamin H. Smith, Joseph Smith, William Smith, 
Snodgrass, Snowden, Southall, Stephenson, Straughan, Summers, 
Tate, Taylor, Tredway, Trigg, Tunis, Van Winkle, Wallace, William 
Watts, Whittle, Samuel C. Williams—67. 

On motion of Mr. Goode, the report now under consideration, was 
passed by for the present. 

On farther motion of Mr. Goode, the bill adopted a few days ago re¬ 
quiring one day’s notice before the 8th rule of the Convention should 
be suspended, be for the present itself suspended. 

Mr. Sheffey then submitted a motion, that the 8th rule be suspen¬ 
ded, and the vote of the Convention agreeing to the 1st and 2d sec¬ 
tions of the 3d article, be reconsidered. The said motion was decided 
in the affirmative, and the vote reconsidered. 

Mr. Scott, of Fauquier, moved then to amend the amendment, 
(i. e., the two sections just agreed to be reconsidered) by striking out 
the first of the two. The said amendment was not agreed to. 

Mr. Scott, of F., then moved to strike out the two sections of the 
amendment and insert the following: 

“ After the year no free negro shall be permitted to remain 

in this state, and it shall be the duty of the general assembly to pro¬ 
vide by law for the removal without the limits thereof, of any free ne¬ 
gro, who, after that time may be found remaining therein.” 

Upon this amendment Mr. Carlile demanded the main question, 
but the Convention refused to order it. 

Before the motion to strike out was submitted, Mr. Chambliss moved 
to perfect the original amendment, by adding at the end of the second 
section the following : 

“ But the legislature shall pass no law for selling free negroes into 
slavery against their consent, except for crime.” 

The said amendment being submitted to the Convention, was 
.adopted. 

Mr. Wise moved to fill the blank in Mr. Scott’s amendment, with 


342 


the year 1865. Mr. Ferguson, with 1880; Mr. Lyons, with 1860 ; 
Mr. Sheffey, 1872, and Mr. Trigg, with 1875. The vote being 
taken first upon the largest number, Mr. Ferguson’s, his motion was 
rejected, and Mr. Trigg’s adopted. 

Mr. Dene ale moved to amend the 1st section by adding thereto the 
following : 

u A majority of the qualified voters of each of the counties and cities 
of the commonwealth respectively, shall have power to decide upon the 
question of the removal of the free negroes within its limits, beyond 
the limits of the United States ; and should any such county, or city 
decide to remove them, the county court shall provide the means ne¬ 
cessary to carry it out.” 

The said amendment was not agreed to by the Convention. 

The question recurred upon the amendment of Mr. Scott, of Fau¬ 
quier, and a division being demanded the question was first propounded 
upon striking out the first section, and was decided in the negative. 

The question was then propounded upon the first branch of the 2d 
section ; i. e., down to the amendment of Mr. Chambliss. Upon this 
question Mr. Taylor demanded the main question, which was ordered, 
and the Convention refused to strike out— ayes 21, noes 72. 

On motion of Mr. Scott, of Fauquier, the vote was recorded as fol¬ 
lows : 

Ayes— Messrs. Armstrong, Carlile, Dale Carter, Finney, Fulkerson r 
Gaily, Jacob, Kilgore, Jefferson T. Martin, Murphy, Neeson, Price, 
Robert E. Scott, Sheffey, Benjamin H. Smith, Snodgrass, Straughan,. 
Summers, Trigg, Wingfield, Wise—21. 

Noes— Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Mark 
Bird, Bland, Blue, Bocock, Botts, Bowles, Braxton, Brown, Burgess, 
Richard E. Byrd, Caperton, Chambliss, Chapman, Chilton, Conway, 
Deneale, Edmunds, Edwaids, Faulkner, Ferguson, Flood, Floyd, 
Fultz, Fuqua, Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, 
Hall, Hays, Hill, Hoge, Hopkins, Hunter, Jasper, Kenney, Knote, 
Leake, Letcher, Lionberger, Lucas, Lynch, Lyons, McComas, Mere¬ 
dith, Miller, Moore, Newman, Pendleton, Randolph, Saunders, Scog- 
gin, Francis W. Scott, Shell, iVrthur R. Smith, Joseph Smith, William 
Smith, Snowden, Southall, Stephenson, Tate, Taylor, Tredway, Tu¬ 
nis, Turnbull, Wallace, Samuel Watts, Whittle, Worsham—72. 

The question was then put upon striking out the last branch of the 
2d section, being the amendment of Mr. Chambliss, and was decided 
in the affirmative—ayes 65, noes 32. 

On motion of Mr. Scott, of Fauquier, the vote was recorded as fol¬ 
lows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Beale, M. 
Bird, Bland, Blue, Bocock, Botts, Bowles, Braxton, Brown, Burgess, 
Camden, Caperton, Dale Carter, Chambliss, Chapman, Conway, De¬ 
neale, Edmunds, Faulkner, Ferguson, Finney, Flood, Fultz, Fuqua, 
Garland, M. R. H. Garnett, Goode, Hall, Hoge, Hopkins, Hunter, Jas¬ 
per, Kenney, Leake, Letcher, Lionberger, Lucas, Lynch, Lyons, Me¬ 
redith, Miller, Moore, Newman, Randolph, Saunders, Scoggin, Francis 
W. Scott, Shell, Arthur R. Smith, William Smith, Southall, Stanard, 
Taylor, Tredway, Tunis, Turnbull, Wallace, Samuel Watts, Whittle, 
Samuel C. Williams, Wise, Worsham—65. 


343 


Noes —Messrs. Armstrong, Richard E. Byrd, Carlile, Chilton, Ed¬ 
wards, Floyd, Fulkerson, Gaily, Muscoe Garnett, Hays, Hill, Jacob, 
Kilgore, Knote, McComas, Jefferson T. Martin, Murphy, Neeson, 
Pendleton, Price, Robert E. Scott, Sheffey, Benjamin H. Smith, Jos. 
Smith, Snodgrass, Snowden, Stephenson, Straughan, Summers, Tate, 
Trigg, Wingfield—32. 

The question then recurred upon agreeing with the amendment of 
the committee of the whole in the first section, and decided in the af¬ 
firmative—ays 55, noes 34. 

On motion of Mr. Trigg, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Beale, 
Mark Bird, Bland, Blue, Bocock, Bowles, Braxton, Brown, Burgess, 
Chambliss, Conway, Deneale, Edmunds, Faulkner, Ferguson, Flood, 
Fultz, Fuqua, Garland, M. R. H. Garnett, Goode, Hall, Hays, Hill, 
Hoge, Hopkins, Hunter, Jasper, Kenney, Leake, Letcher, Lionberger, 
Lucas, Lyons, Miller, Newman, Scoggin, Francis W. Scott, Shell, A. 
R. Smith, William Smith, Southall, Taylor, Tredway, Turnbull, Wal¬ 
lace, Samuel Watts, Whittle, Samuel C. Williams, Wingfield, Wise, 
Worsham—55. 

Noes— Messrs. Armstrong, Botts, Richard E. Byrd, Camden, Ca- 
perton, Dale Carter, Chapman, Chilton, Edwards, Finney, Floyd, 
Gaily, Muscoe Garnett, Jacob, Kilgore, Jefferson T. Martin, Meredith, 
Moore, Murphy, Neeson, Pendleton, Price, Randolph, Saunders, R. 
E. Scott, Sheffey, Benjamin H. Smith, J. Smith, Snodgrass, Stephen¬ 
son, Straughan, Summers, Tate, Trigg—34. 

The vote was then taken upon agreeing with the second section of 
the report of the committee of the whole, and was decided in the af¬ 
firmative—ayes 63, noes 21. 

On motion of Mr. Trigg, the vote was recorded as follows: 

Ayes —Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Beale, 
Mark Bird, Bland, Blue, Bocock, Botts, Bowles, Braxton, Burgess, R. 
E. Byrd, Camden, Chambliss, Conway, Deneale, Edmunds, Faulk¬ 
ner, Ferguson, Flood, Fultz, Fuqua, Garland, Muscoe R. H. Garnett, 
Muscoe Garnett, Goode, Hall, Hays, Hill, Hoge, Hopkins, Hunter, 
Kenney, Leake, Letcher, Lionberger, Lucas,Lyons, McComas, Jeffer¬ 
son T. Martin, Miller, Moore, Murphy, Newman, Pendleton, Randolph, 
Scoggin, Francis W. Scott, Shell, Arthur R. Smith, William Smith, 
Southall, Taylor, Tredway, Turnbull, Wallace, Samuel Watts, Whit¬ 
tle, Samuel C. Williams, Wingfield, Wise, Worsham—63. 

Noes —Messrs. Armstrong, Dale Carter, Chapman, Chilton, Finney, 
Floyd, Fulkerson, Gaily, Jacob, Kilgore, Neeson, Saunders, Robert E. 
Scott, Sheffey, Benj. H. Smith, Snodgrass, Stephenson, Straughan, 
Summers, Tate, Trigg—21. 

Mr. Lyons moved farther to amend the article by adding the fol¬ 
lowing new section. 

“ After the year eighteen hundred and sixty-five, no free negro shall 
be permitted to remain in this state, and it shall be the duty of the ge¬ 
neral assembly to provide by law for the removal without the limits 
thereof, of any free negro, who, after that time, may be found remain¬ 
ing therein.” 

The said amendment being under consideration, Mr. M. Garnett 
demanded the main question. 


344 


Mr. Sheffey objected to the entertaining of the demand, because 
Mr. Garnett had not, as the rule requires, u risen from his seat.” 

The President decided that the demand was in order. Mr. Shef¬ 
fey appealed to the Convention, and the question being put, u shall 
the decision of the President stand as the judgment of the Conven¬ 
tion? was decided in the affirmative. 

The previous question was sustained, and Mr. Lyon’s amendment 
rejected—ayes 31, noes 64. 

On motion of Mr. Lyons, the vote was recorded as follows : 

Ayes —Messrs. Banks, Barbour, Beale, Bland, Blue, Bocock, Dale 
Carter, Chapman, Conway, Deneala, Edmunds, Faulkner, Fultz, Fu¬ 
qua, Hopkins, Leake, Lucas, Lyons, McComas, Scoggin, Francis W. 
Scott, Robert E. Scott, Arthur R. Smith, Stanard, Turnbull, Wallace, 
Samuel Watts, Whittle, Wingfield, Wise, Worsham—31. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Mark Bird, 
Botts, Bowles, Braxton, Brown, Burgess, Richard E. Byrd, Camden, 
Caperton, Carlile, Chambliss, Chilton, Edwards, Ferguson, Finney, 
Flood, Floyd, Fulkerson, Gaily, Garland, M. R. H. Garnett, M. Gar¬ 
nett, Goode, Hall, Hays, Hill, Hoge, Hunter, Jacob, Kenney, Kilgore, 
Knote, Letcher, Lionberger, Lynch, McCandlish, Jefferson T. Martin, 
Meredith, Miller, Moore, Murphy, Neeson, Newman, Pendleton, Price, 
Randolph, Saunders, Shell, Sheffey, Benjamin H. Smith, Jos. Smith, 
Snodgrass, Snowden, Southall, Stephenson, Straughan, Summers, Tate, 
Taylor, Tredway, Trigg, Samuel C. Williams—64. 

Mr. Straughan moved to amend the report, by adding to the end 
of the second section, just adopted, the following : 

u The legislature may provide by law for the gradual deportation of 
the free negro population from the commonwealth, provided, that a ma¬ 
jority of all the members of each branch of the legislature shall con¬ 
cur therein.” 

Upon this amendment Mr. Bocock demanded the main question, 
which was ordered, and the amendment rejected. 

After the 2d section, Mr. Hall moved to insert the following new 
section : 

“A copy of the journal of each house of the general assembly, as it 
is published and distributed from time to time among the members, 
shall be forwarded by mail, by the clerks of said houses severally, to 
the clerk of each county and corporation court of this commonwealth 
for public inspection. 

A full bound copy of said journals shall also be sent to each clerk 
of the counties and corporations aforesaid, for preservation.” 

The said amendment was not agreed to by the Convention. 

Mr. Braxton moved to add the following to the end of the 2d sec¬ 
tion : 

“ After the year 1875, no free negro shall be permitted to remain in 
this state ; and it shall be the duty of the general assembly to provide 
by law for the removal, without the limits thereof, of any free negro, 
who, after that time, may be found remaining therein.” 

Mr. Fulkerson moved to amend the report in the 4th article, 2d 
section and 1st line, by inserting after the word “ citizen,” “ or other 
white male inhabitant.” 

The Convention, the question being submitted, agreed tv' the said 
amendment. 


345 


In the same section, line 10th, Mr. McComas moved to insert after 
the word u persons,*’ the following : 

‘ ‘ And all taxes raised on licenses for the retail of wines or ardent 
spirits.” The said amendment was rejected. 

Mr. Fesguson moved to suspend the rule requiring that one day’s 
notice should be given, of an intention to suspend the 13th rule, so as 
to enable Mr. Stanard to move a reconsideration of the vote agreeing 
to the 2d section of the 4th article. 

The said motion being submitted to the Convention, was rejected. 

Mr. Stanard then gave notice that he would move a suspension of 
the 8th rule, for the purpose indicated. 

In the 4th article, 2d section, 3d line, Mr. Ferguson moved to in¬ 
sert after the word “ dollars,” “ but no such tax shall be levied for 
county purposes.” 

Upon this amendment Mr. Wise demanded the main question, 
which was ordered, and the amendment rejected. 

Mr. Randolph moved to insert the following as an independant 
section, after the 2d section : 

“ Taxation for county purposes, shall be levied in an equal per cen¬ 
tum on the subjects taxed for the revenue of the commonwealth, in the 
counties, cities, and towns respectively.” 

Mr. Pendleton demanded the main question, and it was ordered, 
and the amendment rejected. 

Mr. Caperton moved that the Convention do now adjourn, and the 
motion was rejected. 

Mr. Bocock moved that the order requiring a daily recess of the 
Convention be dispensed with for this day. 

Mr. M. Garnett moved to amend the motion, by adding thereto 

provided the Convention sit until 4 o’clock.” 

The amendment of Mr. Garnett was rejected, and Mr. Bocock’s 
motion agreed to. 

In article 4th, section 2d, line 3d, Mr. Hays moved to insert after 
<c dollars,” ci and no amount exceeding twice that sum to be levied for 
county purposes.” 

The amendment was rejected. 

In the 3d section, 3d line, Mr. Goode moved to insert a and profes¬ 
sions,” after the word “ salaries,” and the motion was rejected. 

On motion of Mr Sheffey the report was farther amended by strik¬ 
ing therefrom the third section, and inserting the following: 

“ The legislature may levy a tax on incomes, salaries and licenses, 
but no tax shall be levied on property, from which any income, so tax¬ 
ed is derived, or on the capital invested in the trade or business, in re¬ 
spect to which the license so taxed is issued.” 

On motion of Mr Ferguson, the 4th section was amended by striking 
out the word u annually ” in the last line and inserting the following: 

cc After the adjournment of each session of the general assembly, 
with the acts and resolutions thereof. ’ ’ 

Mr. Botts gave notice that, he would moved a reconsideration of the 
vote agreeing to an amendment of Mr. Sheffey, to the 3d section. 

Mr. McComas moved farther to amend the report, by inserting the 
following independent section, after the 6th section : 

“ No church, or religious or fraternal society shall hold more than 

44 


346 


acres of land in one body, nor more than acres 

of land within five miles of the same place, nor shall any such church 
or society hold more than dollars worth of personal property 

in any one county or city ; nor more than dollars worth of 

personal property within this commonwealth.” 

The said amendment being under consideration Mr. Wise demanded 
the main question, which was ordered, and the amendment rejected. 

On motion of Mr. Lionberger, the 6th section was amended by 
adding thereto the words “ To a limited extent, to be prescribed by 
law.” 

After the 6th section, Mr. Botts moved to insert the following new 
section : 

“No person shall be imprisoned for debt.” 

Upon this motion, Mr. Botts demanded the main question, which 
was ordered, and the amendment rejected. 

Mr. Deneale moved farther to amend the report, by adding after 
the 6th section the following new section : 

“ The general assembly shall not, hereafter, make a loan to any in¬ 
corporated company ; nor shall they be authorised to release any loan, 
heretofore made to any such company, but the legislature may extend 
the time for the payment of any such loan.” 

Pending the consideration of the said amendment, 

On motion of Mr. Price, the Convention adjourned. 

Monday, July 21, 1851. 

The Convention met pursuant to adjournment, and the journal of 
Saturday’s proceedings was read and approved. 

Mr. Smith, of King and Queen, presented a copy of the proceed¬ 
ings of a public meeting of citizens of that county, upon the subject 
of the basis of representation, which, upon his motion, was ordered to 
be laid upon the table. 

Mr. Snowden submitted the following resolution : 

u No report which has been referred lo the committee of revision 
shall be reconsidered, altered, or modified, in whole or in part, except 
by a vote of two-thirds of the members present.” 

Upon the said resolution, Mr. Smith, of Greenbrier, demanded the 
main question, which was ordered, and the resolution rejected. 

Mr. Stanard, from the committee on judicial apportionment, pre¬ 
sented a report, which on his motion, was ordered to be laid upon the 
table and printed. 

The Convention then proceeded to the consideration of the report of 
the committee of the whole upon the report of the legislative commit¬ 
tee. 

The President stated the unfinished business to be upon the mo 
tion of Mr. Deneale, to insert an independent section after the 6th 
section of the 4th article. 

Upon this amendment Mr. Straughan demanded the main question, 
which was ordered, and the amendment rejected, ayes 46, noes 59. 

On motion of Mr. Straughan, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Banks, Beale, Bland, Braxton, Brown, 
Claiborne, Conway, Edmunds, Edwards, Faulkner, Finney, Fultz, 
Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hopkins, Hun- 



347 


ter, Johnson, Kenney, Knote, Lionberger, Lucas, Jefferson T. Mar¬ 
tin, Murphy, Rives, Seoggin, Francis W. Scott, Shell, Sloan, Arthur 
R. Smith, James Smith, Joseph Smith, Snodgrass, James E. Stewart, 
Straughan, Archibald Stuart, Tredway, Tunis, Turnbull, Samuel 
Watts, Whittle, Ira Williams, Samuel C. Williams, Woolfolk—46. 

Noes —Messrs. John Y. Mason, (Pres’t,) Arthur, Barbour, Mark 
Bird, Blue, Bocock, Bowles, Burgess, Camden, Caperton, Carlile, D. 
Carter, Chapman, Chilton, Cocke, Flood, Fulkerson, Fuqua, Garland, 
Hays, Hill, Hoge, Jacob, Jasper, Kilgore, Letcher, Ligon, Lynch, 
McComas, William Martin, Meredith, Miller, Moore, Neeson, New¬ 
man, Pendleton, Price, Randolph, Robert E. Scott, Robert G. Scott, 
Seymour, Sheffey, Benjamin H. Smith, William Smith, Snowden, 
Southall, Stanard, Stephenson, Strother, Summers, Taylor, Trigg, Van 
Winkle, Wallace, William Watts, Wingfield, Wise, Worsham, Wy- 
sor—59. 

Mr. Chambliss moved to amend the report by adding, as anew sec¬ 
tion, after the 6th, the following : 

“ The claims of the state against any incorporated company, to pay 
the interest and redeem the principal of any loan heretofore advanced, 
or which may hereafter be made, by the state to such company, shall 
not be released.” 

Mr. Neeson moved to amend the amendment by inserting after the 
word “ company ” where it first occurs, the words “or institution.” 

The said amendment was agreed to. 

The question was then put, upon agreeing to the amendment as 
amended, and decided in the affirmative—ayes 58, noes 49. 

On motion of Mr. M. R. H. Garnett, the vote was recorded as fol¬ 
lows : 

Ayes—M essrs. John Y. Mason, (Pres’t,) Armstrong, Banks, Beale, 
Mark Bird, Bland, Blue, Botts, Bowles, Braxton, Brown, Burgess, 
R. E. Byrd, Carlile, Chambliss, Conway, Edmunds, Edwards, Faulk¬ 
ner, Fisher, Fulkerson, Fultz, Fuqua, Muscoe R. H. Garnett, Muscoe 
Garnett, Goode, Hall, Hays, Hopkins, Hunter, Jacob, Johnson, Ken¬ 
ney, Knote, Ligon, Lionberger, Lmas, McComas, Jefferson Martin, 
Murphy, Neeson, Newman, Rives, Seoggin, Francis W. Scott, 
Sloan/Arthur R. Smith, James Smith, Joseph Smith, James E. Stew¬ 
art, Straughan, Tredway, Turnbull, Wallace, Whittle, Ira Williams, 
Samuel C. Williams, Woolfolk—58. 

Noes—M essrs. Barbour, Bocock, Camden, Caperton, Dale Carter, 
Chilton, Claiborne, Cocke, Finney, Flood, Garland, Hill, Hoge, Kil¬ 
gore, Letcher, Lynch, Lyons, McCandlish, W. Martin, Miller, Moore, 
Pendleton, Price, Randolph, Saunders, Robert E. Scott, Robert G. 
Scott, Seymour, Sheffey, Benjamin H. Smith, Snodgrass, Snowden, 
Southall. Stanard, Stephenson, Strother, Archibald Stuart, Summers, 
Tate, Taylor, Trigg, Tunis, Van Winkle, Wm. Watts, Wingfield, Wise 
Worsham, Wysor—49. 

Mr. Byrd in pursuance to notice, moved to suspend the 8th rule and 
reconsider the vote agreeing with the 14th amendment, being the 15th 
section of the 2d article. 

Upon this motion, Mr. Letcher demanded the main question, 
which was ordered, and the rule suspended, and the vote aforesaid re¬ 
considered. 


348 


On motion of Mr. Finney, the amendment of the committee of the 
whole was amended by striking out the word “ and” in the 8th line, 
and inserting in lieu thereof the word “ or.” 

Mr. Price submitted a motion to strike out the whole of the amend¬ 
ment as amended. 

Mr. Sheffey demanded a division of the question, and the vote was 
taken first upon striking out the first paragraph to the word “ in,” in 
the 9th line, and was decided in the negative. 

The vote was then taken upon the second clause of the amendment, 
and the Convention refused to strike out. 

Mr. Summers moved to amend the amendment in the 1st line, by 
striking out the word “ six,” and inserting in lieu thereof the word 
“ four.” 

Upon this motion, Mr. Pendleton demanded the main question, 
which was ordered, and the amendment rejected. 

The question then recurred upon agreeing with the amendment of 
the committee of the whole as amended, and on this Mr. Pendleton 
called the previous question, and it was sustained, and the amendment 
as amended agreed to. 

The Convention then resumed the consideration of the fourth article. 

On motion of Mr. Randolph, the said article was amended in the 
6th section, by inserting after the word “ directed,” in the 21st line, 
the following: 

u Should any debt be contracted bearing a rate of interest, greater or 
less than six per cent, per annum, two per cent, additional to such an¬ 
nual interest shall be set apart, in addition to such interest, in lieu of 
the 8 per cent herein provided.” 

Mr. Price moved to amend the amendment, by striking out the 
words ‘ ‘ greater or. ’ 5 

The said amendment to the amendment was rejected, and Mr. Ran¬ 
dolph’s amendment agreed to. 

On motion of Mr. Scott, of Fauquier, the 8th section was farther 
amended, by striking out the words in the 1st and 2d lines, “by the 
auditing and disbursing officers of the treasury ;” and also, by striking 
out in the 5th and 6th lines the words “ set apart and,” and the words 
“ by the officers aforesaid.” 

On farther motion of Mr. Scott, of Fauquier, the section was 
amended, by striking out from the word “ redeemable,” in the 12th, 
to the word “ whenever,” in the 15th line. 

On farther motion of Mr. Scott, the section was amended, by strik¬ 
ing out the words “ the said officers shall,” in the 16th and 17th lines, 
and inserting in lieu thereof, the words “ there shall be.” 

Mr. Lyons submitted a motion to strike out the 8th section as 
amended, and insert in lieu thereof the following : 

“ So much of the public revenue shall be set apart by the legislature, 
and made a sinking fund, as will be sufficient to pay the interest of the 
public debt as it accrues, and discharge the principal when it becomes 
due. And the legislature shall have power to appoint commissioners 
of the sinking fund, and direct the management of the said fund by 
law; and if the legislature shall fail to appoint such commissioners, 
and to provide by law for the management of the said sinking fund, 
the Auditor, Treasurer and Attorney General shall be ex officio commis- 


349 


sioners of the said fund, whose duty it shall be to apply the said fund 
as hereinbefore directed, and to invest the said fund in the stocks of 
the United States, or any state or city stock yielding six per cent, per 
per annum.” 

Before putting the question upon the motion of Mr. Lyons, by way 
of perfecting the section, 

On motion of Mr. Wise, the section was amended in the 2d and 3d 
lines, by striking out the words “ revenue accruing from taxation, and 
the fund for internal improvements,” and inserting in lieu thereof, the 
words u annual revenue.” 

Mr. Bird, of Shenandoah, moved farther to amend the section in 
the 3d line, by striking out the words (t equal to seven per cent.,” and 
inserting in lieu thereof the following, “ sufficient to pay the interest 
and dollars of the principal.” 

The said amendment being submitted to the Convention, was re¬ 
jected. 

Upon the amendment of Mr. Lyons, Mr. Wise demanded a division 
of the question, and it was first stated to be upon striking out the 8th 
section. 

Mr. Beale demanded the main question, which was ordered, and 
the Convention refused to strike out—ayes 38, noes 68. 

On motion of Mr. Wise, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Mark 
Bird, Bland, Bocock, Burgess, Richard E. Byrd, Caperton, Chambliss, 
Cocke, Cox, Finney, Fisher, Flood, Fulkerson, Fuqua, Muscoe R. 
H. Garnett, Goode, Kenney, Lynch, Miller, Newman, Price, Saun¬ 
ders, Scoggin, Seymour, Benjamin H. Smith, William Smith, Stanard, 
Strother, Summers, Taylor, Trigg, Turnbull, Van Winkle, Whittle, 
Worsham—38. 

Noes —Messrs. Armstrong, Arthur, Beale, Blue, Botts, Bowles, 
Braxton, Brown, Camden, Carlile, Chilton, Conway, Edmunds, Ed¬ 
wards, Faulkner, Ferguson, Floyd, Fultz, Garland, Muscoe Garnett, 
Hall, Hays, Hill, Hoge, Hopkins, Hunter, Jacob, Jasper, Johnson, 
Kilgore, Knote, Letcher, Ligon, Lucas, McCandlish, McComas, Jef¬ 
ferson T. Martin, William Martin, Moore, Murphy, Neeson, Pendleton, 
Randolph, Rives, Francis W. Scott, Robert E. Scott, Robert G. Scott, 
Sheffey, Sloan, Arthur R. Smith, James Smith, Snodgrass, Snowden, 
Southall, Stephenson, James E. Stewart, Straughan, A. Stuart, Tate, 
Tunis, Wallace, Samuel Watts, William Watts, Samuel C. Williams, 
Wingfield, Wise, Woolfolk, Wysor—68. 

So the amendment of Mr. Lyons was rejected. 

Mr. Goode moved to amend the report, by striking out the 8th sec¬ 
tion and inserting the following in lieu thereof: 

The legislature shall regularly make adequate provision for the 
payment of the interest on the existing debt of the state ; and when¬ 
ever after the first day of January, 1852, a law shall be passed autho¬ 
rizing the creation of a public debt, the same law shall impose a tax 
or taxes adequate to pay the interest on such debt, as it fails due, and 
also to pay and discharge the principal of such debt within twenty-four 
years from the time, when the same is contracted ; and the law, impo¬ 
sing such taxes, shall remain in force and be irrepealable ; and the said 
taxes shall be annually invested, for the purpose of creating a fund for 


350 


the extinguishment of the debt for the payment of which the tax was 
imposed. 

“ The legislature shall pass such laws as may be necessary and proper 
to carry this section into effect. 5 9 

Mr. Lyons moved to amend the amendment by striking therefrom 
the following words : 

“ Within twenty-four years from the time, when the same is con¬ 
tracted.” 

Upon the said amendment Mr. Letcher demanded the main ques¬ 
tion, which was ordered, and the amendment rejected. 

The question recurring upon the amendment of Mr. Goode, Mr. 
Stanard called a division of the question, and it was first stated to be 
upon striking out the 8th section as amended. 

Upon this question Mr. M. Garnett demanded the main question, 
which was ordered, and the Convention refused to strike out—ayes 43, 
noes 61. 

On motion of Mr. Oarlile, the vote was recorded as follows : 

Ayes— Messrs. Banks, Barbour, Mark Bird, Bocock, Botts, Bur¬ 
gess, Richard E. Byrd, Chambliss, Cocke, Cox, Edmunds, Finney, 
Flood, Fuqua, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hun¬ 
ter, Kenney, Lynch, Meredith, Miller, Moore, Newman, Saunders, 
Scoggin, Robert E. Scott, Seymour, Shell, Sheffey, Benjamin H. 
Smith, William Smith, Stanard, Strother, Summers, Taylor, Tredway, 
Trigg, Turnbull, Van Winkle, Whittle, Ira Williams, Worsham—43. 

Noes —Messrs. Armstrong, Arthur, Beale, Blue, Bowles, Braxton, 
Brown, Camden, Caperton, Carlile, D. Carter, Chilton, Claiborne, Con¬ 
way, Edwards,Faulkner, Ferguson, Floyd, Fulkerson, Fultz, Garland, 
Hall, Hill, Hoge, Hopkins, Jacob, Kilgore, Letcher, Ligon, Lionber- 
ger, Lucas, McCandlish, Jefferson T. Martin, William Martin, Mur¬ 
phy, Neeson, Pendleton, Randolph, Rives, Francis W. Scott, Robert 
G. Scott, A. R. Smith, Jas. Smith, Joseph Smith, Snodgrass, Snow¬ 
den, Southall, Stephenson, James E. Stewart, Straughan, Archibald 
Stuart, Tate, Tunis, Wallace, Samuel Wa r ts, William Watts, Samuel 
C. Williams, Wingfield, Wise, Woolfblk, Wysor—61. 

So the amendment of Mr. Goode was rejected. 

Mr. Goode moved farther to amend the 8th section, by adding there¬ 
to the following : 

“Every law authorizing the creation of a public debt, except to 
repel invasion, suppress insurrection, or defend the state in war, 
shall also impose a tax or taxes adequate to produce a sum equal to 
eight per cent, on the said debt, which shall be set apart to the sinking 
fund for the extinguishment of the said debt; and such tax or taxes 
shall not be repealed or diminished until the said debt is paid off and 
extinguished.” 

Upon motion of Mr. Wise the main question was ordered upon the 
said amendment, and the amendment rejected. 

Mr. Stanard moved to strike out “8 percent.” in the 18th line, 
and insert “ 7 per cent.” 

The said amendment was rejected. 

Mr. Claiborne announced that he would waive the notice he had 
given to move a suspension of the 8th rule. 


351 


On motion of Mr. Strother, the 8th section was amended, by add¬ 
ing thereto the following : 

" Provided , That the legislature may at any time direct a sale, 
at not less than par of the stocks held by the State, in internal im¬ 
provement, and other companies, for the purpose of paying the debt of 
the State.” 

Mr. Camden moved farther to amend the 8th section, in the 4th 
line, by inserting after the words “ 1852,” the following: 

“ Exclusive of the money deposited with this state by the govern¬ 
ment of the United States.” 

The said amendment was not agreed to by the Convention. 

Mr. Bird, of Shenandoah, moved to add to the 8th section the fol¬ 
lowing : 

“ Provided also, that not more than one hundred thousand dollars per 
annum shall be raised for the payment of the principal of the state 
debt existing on the first day of January, 1852.” 

The said amendment being submitted to the Convention, was re¬ 
jected. 

JVlr. Botts moved to add the following to the 8th section : 

“ Provided that the public land fund now deposited in the banks of 
this Commonwealth, shall be added to that portion of the capitation 
tax, appropriated for the purpose of primary education, and shall be ap¬ 
plied in the same way.” 

The said amendment lieing submitted to the Convention, was re¬ 
jected—ayes 33, noes 73. 

On motion of Mr. Botts, the vote was recorded as follows : 

Ayes —Messrs. Botts, Caperton, Chambliss, Cocke, Edwards, Fin¬ 
ney, Flood, M. Garnett, Hill, Hunter, Jacob, Kilgore, McCandlish, 
Me Comas, Moore, Price, Robert E. Scott, Sheffey, Benj. H. Smith, 
Joseph Smith, Snodgrass, Snowden, Southall, Stanard, Jas. E. Stew¬ 
art, Straughan, Summers, Trigg, Van Winkle, Samuel Watts, William 
Watts, Wingfield, Wysor—33. 

Noes- —Messrs Armstrong, Banks, Barbour, Beale, Mark Bird, 
Bland, Blue, Bocock, Bowles, Braxton, Brown, Richard E. Byrd, 
Camden, Carlile, Claiborne, Conway, Cox, Edmunds, Faulkner, 
Ferguson, Fultz, Fuqua, Garland, Muscoe R. H. Garnett, Goode, Hall, 
Hays, Hoge, Hopkins, Jasper, Johnson, Jones, Kenney, Knote, Leake, 
Letcher, Ligon, Lionberger, Lucas, Lynch, Lyons, Jefferson T. Mar¬ 
tin, William Martin, Miller, Murphy, Neeson, Newman, Pendleton, 
Randolph, Rives, Scoggin, Francis W. Scott, Robert G. Scott, Sey¬ 
mour, Shell, Sloan, Arthur R. Smith, James Smith, William Smith, 
Stephenson, Archibald Stuart, Tate, Taylor, Tredway, Tunis, Turn- 
bull, Wallace, Whittle, Ira Williams, Samuel C. Williams, Wise, 
Woolfolk, Worsham—73. 

Mr. Miller moved to amend the report, by striking therefrom the 
8th section as amended, and inserting the following : 

“ The general assembly shall regularly from time to time, provide by 
law for raising and collecting a sufficient revenue to defray the ex¬ 
penses of the state for each year, and also a sufficient sum to pay the 
annual interest upon the state debt. 

<< Whenever hereafter, a state debt shall be created, the general as¬ 
sembly shall, at the same time, provide suitable and certain means for 


352 


its payment, within a period not exceeding years from the 

time of the creation thereof.’’ 

; Upon this amendment, Mr. .Letcher demanded a division, and the 
question was first put upon striking out the 8th section as amended, 
and decided in the negative. 

So that the amendment of Mr. Miller was rejected. 

Mr. M. R. H; Garnett moved to insert the following as a new sec¬ 
tion to be inserted after the 8th section. 

“ Every law authorizing the creation of a public debt, except to re¬ 
pel invasion, suppress insurrection, or defend the state in war, shall 
also impose a tax, or taxes adequate to produce a sum equal to the 
eight per cent, which the preceding section directs to be set apart for 
the payment of any debt hereafter to be contracted ; and such tax or 
taxes shall not be repealed or diminished, so long as the said eight per 
cent is required to be set apart.” 

Upon this amendment, Mr. Carlile demanded the main question, 
which was ordered, and the amendment rejected—ayes 39, noes 62. 

On motion of Mr. M. R. H. Garnett, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. Banks, Barbour, Bocock, Bowles, Braxton, Brown, 
Richard E. Byrd, Chambliss, Claiborne, Conway, Edmunds, Faulk¬ 
ner, Finney, Fuqua, Muscoe R. H. Garnett, Muscoe Garnett, Goode, 
Hill, Hopkins, Hunter, Jasper, Jones, Kenney, Leake, Ligon, Lynch, 
Jefferson T. Martin, Newman, Rives, Scoggin, Francis W. Scott, 
Shell, James Smith, Turnbull, Wallace, Whittle, Ira Williams, Wing¬ 
field, Woolfolk—39. 

Noes —Messrs. Armstrong, Beale, Mark Bird, Bland, Blue, Camden, 
Caperton, Carlile, Chilton, Cocke, Edwards, Ferguson, Flood, Floyd, 
Fulkerson, Fultz, Garland, Hall, Hays, Hoge, Jacob, Kilgore, Knote, 
Letcher, Lionberger, Lucas, McCandlish, McComas, William Martin, 
Miller, Murphy, Neeson, Pendleton, Price, Robert E. Scott, Robert G. 
Scott, Seymour, Sheffey, Arthur R. Smith, Benjamin H. Smith, Wm. 
Smith, Snodgrass, Snowden, Southall, Stanard, Stephenson, Jas. E. 
Stewart, Straughan, Strother, Archibald Stuart, Summers, Tate, Tay¬ 
lor, Trigg, Tunis, Van Winkle, Samuel Watts, William Watts, Sam’l 
C. Williams, Wise, Worsham, Wysor—62. 

In the 16th line of the 8th section, after the word “ shall,” Mr. 
Martin, of Marshall, moved to insert the words “ be authorized to,” 
and the motion being submitted to the Convention was rejected. 

Mr. R. E. Scott moved to amend the report, by adding at the end 
of the 9th section the following: 

“ Except that whenever the James River and Kanawha company 
shall enter into obligation, in such manner as may be prescribed by 
law, to construct a railroad from some point on its present work, be¬ 
tween the town of Buchanan, in the county of Botetourt, and the 
town of Covington, in the county of Alleghany, to the Ohio river, it 
shall be the duty of the general assembly, with the assent of the said 
company, to assume on behalf of the State, the payment of bonds of 
the said company for which the State is now liable, and convert the 
same, together with the debt now due by the said company to the 
state, into stock of the said company, for the use of the state: and 
thereafter, to enable the said company to complete the said road, it 


358 


shall be the duty of the general assembly, from time to time, as the 
exigencies of the work may require, to endorse the bonds of the said 
company to an amount equal in the aggregate to three millions of dol¬ 
lars s Provided , That before such an endorsement be made, the said 
company shall execute a mortgage on its works and the income there¬ 
of, in such manner as may be prescribed by law, to save the state 
against any loss that may arise by reason of its said liability.” 

The said amendment being under consideration Mr. Muscoe Gar¬ 
nett demanded the main question, which was ordered, and the amend¬ 
ment rejected—ayes 31, noes TO. 

On motion of Mr. Muscoe Garnett, the vote was recorded as fol¬ 
low : 

Ayes —Messrs. Mark Bird, Botts, Caperton, Chilton, Cocke, Faulk¬ 
ner, Ferguson, Fultz, Hays, Jacob, Lyons, McComas, Miller, Pendle¬ 
ton, Price, Robert E. Scott, Robert G. Scott, Seymour, Sheffey, Ben¬ 
jamin H. Smith, William Smith, Snodgrass, Stanard, Stephenson, Jas. 
E. Stewart, Summers, Taylor, Van Winkle, William Watts, Wingfield, 
Wise—31. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Banks, Bar¬ 
bour, Beale, Bland, Blue, Bocock, Bowles, Braxton, Brown, Richard 
E. Byrd, Camden, Carlile, Dale Carter, Chambliss, Claiborne, Con¬ 
way, Cox, Edmunds, Finney, Flood, Floyd, Fulkerson, Fuqua, Gar¬ 
land, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, Hoge, 
Hopkins, Hunter, Jasper, Kenney, Kilgore, Knote, Leake, Letcher, 
Ligon, Lucas, Lynch, McCandlish, Jefferson T. Martin, William Mar¬ 
tin, Moore, Murphy, Neeson, Newman, Randolph, Rives, Scoggin, 
Francis W» Scott, Shell, Arthur R. Smith, James Smith, Southall, 
Straughan, Tate, Tredway, Trigg, Turnbull, Wallace, Sam’l Watts, 
Whittle, Ira Williams, Samuel C. Williams, Worsham, Wysor—TO. 

Mr. Wise moved to amend the report by striking out the 9th section 
of the 4th article. 

The said amendment being under consideration, Mr. Carlile de¬ 
manded the main question, which was order, but before the vote was 
announced, the hour of two o’clock arrived, and the Convention took 
a recess. 

At half past four o’clock the President resumed the chair, and the 
vote upon the motion of Mr. Wise was completed and announced in 
the negative—ayes 53, noes 59. 

On motion of Mr. Straughan, the vote was recorded as follows : 

Ayes —Messrs. Barbour, Mark Bird, Bland, Botts, Camden, Caper- 
ton, D. Carter, Chilton, Claiborne, Cocke, Ferguson, Finney, Fisher, 
Floyd, Fulkerson, Garland, Hays, Hoge, Jacob, Jasper, Kilgore, Knote, 
Letcher, Ligon, Lionberger, McComas, W. Martin, Meredith, Miller, 
Moore, Neeson, Newman, Pendleton, Price, Rob’t E. Scott, Robert G. 
Scott, Seymour, Sheffey, Benjamin H. Smith, Joseph Smith, William 
Smith, Snodgrass, Snowden, Stanard, Stephenson, Strother, Summers, 
Tate, Taylor, Trigg, Van Winkle, William Watts, Wise, Wysor—53. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Beale, Blue, Bocock, Bowles, Braxton, Brown, Burgess, Richard E. 
Byrd, Carlile, Chambliss, Conway, Cox, Edmunds, Edwards, Faulk¬ 
ner, Flood, Fultz, Fuqua, Muscoe R. H. Garnett, Muscoe Garnett, 
45 


354 


Goode, Hall, Hill, Hopkins, Hunter, Kenney, Leake, Lucas, Lynch, 
McCandlish, Jefferson T. Martin, Murphy, Randolph, Rives, Saunders, 
Scoggin, Francis W. Scott, Shell, Arthur R. Smith, James Smith, 
Southall, James E. Stewart, Straughan, Archibald Stuart, Tredway, 
Tunis, Turnbull, Wallace, Samuel Watts, Whittle, Ira Williams, S. 
C. Williams, Wingfield, Woolfolk, Worsham—59. 

Mr. Wise moved to add to the 9th section, the following : 

“ Provided that nothing herein contained shall prevent the legisla¬ 
ture from extending such aid to the James river and Kanawha com¬ 
pany, and to the Central railroad company, and the Virginia and Ten¬ 
nessee railroad company, or any of them, as may be necessary to com¬ 
plete a connexion between the James river and the Ohio.” 

The said amendment being submitted to the Convention, was re¬ 
jected—ayes 44, noes 64. 

On motion of Mr. Scott, of Richmond city, the vote was recorded 
as follows: 

Ayes —Messrs. Mark Bird, Bland, Botts, Chilton, Claiborne, Cocke, 
Faulkner, Ferguson, Finney, Floyd, Fulkerson, Fultz, Garland, Hays, 
Hoge, Jacob, Letcher, Lionberger, Lyons, McComas, William Martin, 
Meredith, Miller, Moore, Pendleton, Price, Robert E. Scott, Robert G. 
Scott, Seymour, ShefFey, Benjamin H. Smith, Joseph Smith, William 
Smith, Snodgrass, Stanard, Stephenson, Jas. E. Stewart, Strother, 
Summers, Tate, Taylor, Van Winkle, Wise, Wysor—44. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Beale, Blue, Bocock, Bowles, Braxton, Brown, Burgess, 
Richard E. Byrd, Camden, Carlile, Dale Carter, Chambliss, Conway, 
Cox, Edmunds, Edwards, Flood, Fuqua, M. R. H. Garnett, Muscoe 
Garnett, Goode, Hall, Hill, Hopkins, Hunter, Jasper, Kenney, Kilgore, 
Leake, Ligon, Lucas, Lynch, Jefferson T. Martin, Murphy, Neeson, 
Newman, Randolph, Rives, Saunders, Scoggin, Francis W. Scott, 
Shell, Arthur R. Smith, James Smith, Snowden, Southall, Straughan, 
Archibald Stuart, Trigg, Tunis, Turnbull, Wallace, Samuel Watts, 
Whittle, Ira Williams, Sam’l C. Williams, Wingfield, Woolfolk, Wor¬ 
sham—64. 

Mr. Strother moved to add the following new section after the 9th 
section: 

“ The legislature shall provide for the construction of a railroad from 
Covington, on the James river, to the Ohio river : And until the rail¬ 
roads now under construction have been completed or abandoned, no 
subscription on behalf of the state shall be made to any new work of 
improvement: 

“ Provided , That the legislature may extend to the James river and 
Kanawha canal company any aid that it may deem proper.” 

Mr. Botts demanded a division of the question, and it was first ta¬ 
ken upon the first branch of the amendment, to the word “ river” in¬ 
clusive, in the 4th line, and decided in the negative. 

Mr. Strother, then, with the leave of the Convention, withdrew 
the remainder of his amendment. 

Mr. Stanard moved to amend the 9th section by adding thereto the 
words, “ that may be hereafter incorporated.” 

Upon this amendment, Mr. Carlile demanded the main question, 
which was ordered, and the amendment rejected— ayes 43, noes 62. 


355 


On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes —Messrs. Barbour, Mark Bird, Bland, Botts, Chilton, Clai¬ 
borne, Cocke, Ferguson, Floyd, Fulkerson, Fultz, Garland, Hays, 
Hoge, Jasper, Letcher, Lionberger, Lyons, McComas, William Martin, 
Meredith, Miller, Newman, Pendleton, Price, Robert E. Scott, Robert 
G. Scott, Seymour, Sheffey, Benjamin H. Smith, Wm. Smith, Snod¬ 
grass, Snowden, Stanard, Stephenson, Strother, Summers, Tate, Tay¬ 
lor, Van Winkle, William Watts, Wise, Wysor—43. 

Noes —Messrs. John Y. Mason, (Pres’t.) Armstrong, Arthur, Banks, 
Beale, Blue, Bowles, Braxton, Brown, Burgess, Richard E. Byrd, 
Camden, Carlile, Dale Carter, Chambliss, Conway, Cox, Edmunds, 
Edwards, Faulkner, Flood, Fuqua, Muscoe K. H. Garnett, Muscoe 
Garnett, Goode, Hall, Hill, Hopkins, Hunter, Kenney, Kilgore, Knote, 
Leake, Ligon, Lucas, Lynch, Jefferson T. Martin, Murphy, Neeson, 
Randolph, Rives, Saunders, Scoggin, Francis W. Scott, Shell, Arthur 
R. Smith, James Smith, Joseph Smith, Southall, Jas-. E. Stewart, 
Straughan, Archibald Stuart, Trigg, Tunis, Turnbull, Wallace, Sam’l 
Watts, Whittle, S. C. Williams, Wingfield, Woolfolk, Worsham—62. 

Mr. Botts moved to amend the 8th section by adding thereto the 
following : 

“ Provided , That nothing herein contained shall be construed to 
prevent the legislature from rendering such aid to works of internal im¬ 
provements already undertaken, as may be necessary to render them 
ultimately available and profitable to the state.” 

Upon this amendment Mr. M. Garnett moved the previous ques¬ 
tion, which was ordered, and the amendment rejected—ayes 46, 
noes 65. 

On motion of Mr. Botts, the vote was recorded as follows : 

Ayes —Messrs. Barbour, Mark Bird, Bland, Botts, Chilton, Clai¬ 
borne, Cocke, Ferguson, Floyd, Fulkerson, Fultz, Garland, Hays, 
Hoge, Jacob, Jasper, Letcher, Lionberger, Lyons, McComas, William 
Martin, Meredith, Moore, Pendleton, Petty, Price, Bobert E. Scott, R. 
G. Scott, Seymour, Sheffey, Benjamin H. Smith, Joseph Smith, Wm. 
Smith, Snodgrass, Snowden, Stanard, Stephenson, Strother, Sum¬ 
mers, Tate, Taylor, Van Winkle, William Watts, Ira Williams, Wise, 
Wysor—46. 

Noes —Messrs. Jno. Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Beale, Blue, Bocock, Bowles, Braxton, Burgess, Richard E. Byrd, 
Camden, Carlile, Dale Carter, Chambliss, Conway, Cox, Edmunds, 
Edwards, Finney, Flood, Fuqua, Muscoe R. H. Garnett, Muscoe 
Garnett, Goode, Hall, Hill, Hopkins, Hunter, Kenney, Kilgore, Leake, 
Ligon, Lucas, Lynch, T T. Martin, Morris, Murphy, Neeson, New¬ 
man, Purkins, Randolph, Rives, Saunders, Scoggin, Francis W. Scott, 
Shell, Arthur R. Smith, James Smith, Southall, James E. Stewart, 
Straughan, Archibald Stuart, Tredway, Trigg, Tunis, Turnbull, Wal¬ 
lace, Samuel Watts, White, Whittle, Samuel C. Williams, Wingfield, 
Woolfolk, Worsham—65. 

Mr. Floyd moved to add the following to the 9th section : 

“ Provided , however , That nothing in this section contained, shall 
be construed to prevent the legislature from extending any aid it may 
think proper, to facilitate the completion of the James river and Kana¬ 
wha canal, the Central railroad, the Virginia and Tennessee railroad, 


356 




the Mannassas Gap railroad, the South Side railroad, to the city of Nor¬ 
folk, and the Orange and Alexandria railroad to the town of Alexan¬ 
dria.” 

Mr. Smith, of Norfolk county, moved the previous question upon 
the said amendment, and it was ordered, and the amendment rejected 
—ayes 29, noes 72. 

On motion of Mr. Lyons, the vote was recorded as follows : 

Ayes —Messrs. Mark Bird, Botts, Chilton, Clairborne, Cocke, Fer¬ 
guson, Floyd, Fulkerson, Fultz, Garland, Hoge, Jasper, McComas, 
Pendleton, Robert E. Scott, Seymour, Benjamin H. Smith, Jos. Smith, 
William Smith, Snodgrass, Snowden, Strother, Summers, Tate, Tay¬ 
lor, Van Winkle, William Watts, Wise, Wysor—29. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Beale, Bland, Blue, Bocock, Bowles, Braxton, Brown, Bur¬ 
gess, Rich’dE. Byrd, Camden, Carlile,D. Carter, Chambliss. Conway, 
Cox, Edmunds, Edwards, Faulkner, Finney, Flood, Fuqua, Muscoe 
R. H. Garnett, Muscoe Garnett, Goode, Hall, Hays, Hill, Hopkins, 
Hunter, Jacob, Johnson, Kenney, Kilgore, Knote, Leake, Letcher, 
Ligon, Lionberger, Lucas, Lynch, Lyons, Jefferson T. Martin, Wil¬ 
liam Martin, Meredith, Moore, Morris, Murphy, Neeson, Newman, Pen¬ 
dleton, Petty, Purkins, Randolph, Rives, Saunders, Scoggin, Francis 
W. Scott, Robert G. Scott, Shell, Arthur R. Smith, James Smith, 
Southall, Stephenson, James E. Stewart, Straughan, Archibald Stuart, 
Tredway, Trigg, Tunis, Turnbull, Samuel Watts, White, Whittle, Ira 
Williams, Samuel C. Williams, Wingfield, Woolfolk, Worsham—T2. 

On motion of Mr. Letcher, the 10th section was amended by 
striking therefrom the words “ twenty-four,” and inserting “ thirty- 
four.” 

On motion of Mr. Wise, the section was further amended, by strik¬ 
ing therefrom the words “ at the pleasure of the state.” 

Mr. Goode moved to add to the 11th section the following : 

“But the legislature may contract debts to repel invasion, suppress 
insurrection, or defend the state in war, but the money arising from 
the contracting of such debts, shall be applied to the purpose for which 
it was raised, or to repay such debts, and to no other purpose what¬ 
ever.” 

Mr. Hunter moved to amend the amendment by substituting there¬ 
for, the following : 

u The legislature shall pass no act, the effect of which shall be, to 
subject the state to debts or liabilities, absolute or contingent, amount¬ 
ing, in the aggregate, with any previous liabilities, to a sum exceed¬ 
ing millions of dollars, except for the purposes of war, or to 

suppress insurrections.” 

The said amend was rejected by the Convention, as was the amend¬ 
ment of Mr. Goode. 

On motion of Mr. Botts, the Convention agreed to strike out the 
11th section. 

After the 10th section, Mr. Taylor moved the following, as an inde¬ 
pendent section : 

“ The legislature shall pass no law whereby a subscription, by any 
county, city or town, to any work of internal improvement, authorized 
by law to be constructed by a joint stock company, shall be valid 


357 


without the consent of a majority of the free holders therein, who may 
vote on the question of such subscription in a poll to be taken for that 
purpose as may be prescribed by law. Nor shall any special assess¬ 
ment upon a portion of the tax payers of any county, city, or town, for 
county, or municipal purposes, be authorized by law, except for such 
subscriptions herein mentioned, the cost of which may be levied on 
the free holders of such county, city, or town.” 

Mr. Pendleton demanded the main question upon the said amend¬ 
ment, and it was ordered, and the amendment rejected. 

Mr. Taylor then offered the first branch of the proposition just re¬ 
jected, as an amendment, by way of a new section after the 10th, and 
the Convention refused to agree thereto. 

Mr. Wise moved farther to amend the report, by adding at the end 
of the 12th section, the following : 

ct The legislature shall cause the commissioners of the revenue, or 
such other officers of the state as they may deem proper, to take a cen¬ 
sus and such statistics as may be prescribed by law. And the said 
commissioners, or other officers, shall report to the secretary of the 
commonwealth, who shall superintend, compare and correct their re¬ 
turns, and report them to the legislature. And such census and statis¬ 
tics shall be taken and reported at intervals of five years, from the 
dates of the returns of the census and statistics of the United States.” 

The said amendment being submitted to the Convention was adop¬ 
ted. 

Mr. Botts, in pursuance of notice, moved a suspension of the 8th 
rule, and a reconsideration of the vote of Saturday, agreeing to an 
amendment of Mr. Sheffey, to the 4th article and 3d section. 

Pending the said motion, Mr. Botts made a motion that the Con¬ 
vention do adjourn, and the motion was rejected. 

Upon the motion of Mr. Botts, Mr. Wise demanded the main ques¬ 
tion, wffiich was ordered, and the motion rejected. 

So that the Convention refused to suspend the rule for the purpose 
indicated. 

Mr. Fulkerson moved to amend the report by inserting the follow¬ 
ing, as an independent section, after the last section of the report: 

The general assembly shall make suitable provisions for compensa¬ 
ting the Justices of the Peace, for their services performed as such, un¬ 
der the present Constitution : 

“ Provided , That such provision shall not enure to the benefit of 
such justices as have held the sheriffalty, by virtue of said office.” 

The said amendment was rejected. 

Mr. Sheffey moved to amend the report, by adding to the end 
thereof, the following new section, which was rejected : 

“ The general assembly shall pass laws necessary to protect the pro¬ 
perty of the wife from the debts of the husband during her life, and 
for securing the same to her children after her death.” 

Mr. Hays moved to add the following, as a new section, to the end 
of the report: 

“ The legislature shall protect by law, from forced sale, a certain 
portion of the property of all heads of families. The homestead of a 
family, not exceeding 500 dollars in value, shall not be subject to a 
forced sale for any debts contracted after the adoption of this constitu- 


358 


tion ; nor shall the owner (if a married man) be at liberty to alienate 
the same, unless by consent of the wife, in such manner as may be 
prescribed by law.” 

The said amendment was rejected. 

On motion of Mr. Carlile, 

Ordered , That the report as amended be referred to the committee 
on revision and engrossment. 

On motion of Mr. Price, the Convention then agreed to take up and 
consider the report of the committee of the whole, upon the report of 
the judiciary committee. 

On motion of Mr. Knote, the Convention adjourned. 


Tuesday, July 22, 1851. 

The Convention met pursuant to adjournment, and the journal of yes¬ 
terday’s proceedings was read and approved. 

On motion of Mr. Sheffey, 

Resolved , That the Secretary certify for payment an account for thirty- 
eight dollars and fifty-five cents, paid by him for postage, porterage, and 
advertising public notices for the Convention. 

Mr. Ligon presented two communications, signed by citizens of Nelson 
county, conveying instructions to Thomas J. Randolph, Esq., a Delegate 
from that district, upon the question of the Basis of Representation, 

On motion of Mr. Ligon, 

Ordered , That the said communications be laid upon the table. 

The Convention then proceeded to the consideration of the Report of the 
Committee of the whole, upon the Report of the Judiciary Committee, 

On motion of Mr. Bocock, the Convention agreed to pass by, for the 
present, the consideration of the 1st amendment of the committee. 

The question arose upon agreeing with the committee in their second 
amendment; and upon this, Mr. Hunter demanded the main question, 
which was ordered, and the amendment agreed to, ayes 78, noes 41. 

On motion of Mr. Taylor, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Arthur, Banks, Barbour, Beale, Bird y 
Bland, Blue, Bocock, Bowles, Brown, Burgess, Camden, Dale Carter, 
Chambliss, Edmunds, Ferguson, Finney, Fisher, Flood, Floyd, Fulker¬ 
son, Fultz, Fuqua, Garland, Muscoe Garnett, Goode, Hays, Hill, Hoge, 
Hopkins, Hunter, Jacob, Johnson, Kenney, Kilgore, Knote, Leake, Let¬ 
cher, Ligon, Lionberger, Lynch, McCamant, McComas, Jefferson T. 
Martin, Miller, Moore, Neeson, Newman, Purkins, Randolph, Rives, 
Saunders, Scoggin, Shell, Sheffey, Sloan, Joseph Smith, William Smith, 
Snodgrass, Snowden, Stephenson, Stewart, Strother, Stuart, Tate, Tred- 
way, Trigg, Turnbull, Van Winkle, Wallace, Ira Williams, Samuel C. 
Williams, Wingfield, Wise, Woolfolk, Worsham, Wysor—78. 

Noes —Messrs. Mason, (Pres’t.) Braxton, Byrd, Caperton, Carlile, 
Chapman, Chilton, Claiborne, Cocke, Conway, Cox, Douglass, Ed¬ 
wards, Faulkner, Muscoe R. H. Garnett, Hall, Jones, Lucas, McCan- 
dlish, William Martin, Meredith, Morris, Murphy, Pendleton, Petty, 
Price, Francis W. Scott, Robert E. Scott, Robert G. Scott, Seymour, 
Arthur R. Smith, Benj. H. Smith, James Smith, Southall, Stanard, 
Straughan, Summers, Taylor, Samuel Watts, William Watts, Whittle 
—41. 



359 


The third, fourth, fifth and sixth amendments were then, upon motions 
respectively made, concurred in by the Convention. 

The seventh amendment being under consideration, Mr. Hays moved to 
amend the same by striking out the word “twelve,” and inserting in lieu 
thereof the word “ ten.” 

Upon this question, Mr. Edwards demanded a division; and it was 
stated to be first upon striking out the word “twelve,” and Mr. Wysor 
called the previous question, and was sustained, and the Convention refused 
to strike out, ayes 44, noes 76. 

On motion of Mr. Hopkins, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Arthur, Banks, Barbour, Blue, Carlile, 
Chapman, Edwards, Ferguson, Finney,Fisher, Floyd, Fultz Fuqua, Hays, 
Hoge, Hopkins, Hunter, Jasper, Johnson, Knote, Letcher, Ligon, Lynch, 
McCamant, McComas, Jefferson T. Martin, Miller, Neeson, Randolph, 
Rives, Saunders, Sheffey, Sloan, Joseph Smith, William Smith, Snod¬ 
grass, Stephenson, Stewart, Tate, Van Winkle, Wallace, S. C. Wil¬ 
liams, Wingfield—44. 

Noes —Messrs. Mason, (Pres’t.) Bird, Bland, Bocock, Bowles 7 Brax¬ 
ton, Brown, Burgess, Byrd, Camden, Caperton, Dale Carter, Chambliss, 
Chilton, Claihorue, Cocke, Conway, Cox, Douglas, Edmunds, Faulk¬ 
ner, Flood, Fulkerson, Garland, Muscoe R. H. Garnett, Muscoe Gar¬ 
nett, Goode, Hall, Hill, Jacob, Jones, Kenney, Kilgore, Leake, Lion- 
berger, Lucas, McOandlish^ William Martin, Meredith, Moore, Morris, 
Murphy, Newman, Pendleton, Petty, Price, Purkins, Scoggin, Francis 
W. Scott, Robert E. Scott, Robert G. Scoit, Seymour, Shell, Arthur R. 
Smith, Benjamin H. Smith, James Smith, Snowden, Southall, Stan- 
ard, Straughan, Strother, Stuart, Summers, Taylor, Tredway, Trigg, 
Tunis, Turnbull, Samuel Watts, White, Whittle, Ira Williams, Wise, 
Woolfoik, Worsham, Wysor—76. 

The question then recurred upon agreeing with the committee in their 
amendment; and Mr. Taylor demanding a division, it was first put upon 
so much of the amendment as strikes out the number u fifteen” from the 
Report, and was decided in the affirmative. 

The Convention then agreed with so much of the amendment as inserts 
the number “ twelve.” 

The Sth, 9th, 10th, 11th, 12th, 13th, 14th and l*5th amendments of the 
committee were then, upon motions respectively put, agreed to by the Con¬ 
vention. 

The 16th amendment being under consideration, Mr. Sheffey moved to 
amend the original Report in the 13th section, before it be stricken out, by 
adding thereto the following: u and under such regulations as may be pre¬ 
scribed by law.” 

Upon this amendment, Mr. Blue demanded the main question, which 
whs ordered, and the amendment rejected. 

The question recurring upon agreeing with the committee of the whole 
in their 16th amendment, Mr. Hall called the previous question, and was 
sustained, and the Convention agreed to concur with the committee in their 
said amendment. 

The 17th, 18th, 19th and 20th amendments were then, upon motions 
respectively submitted, agreed to by the Convention. 

Mr. Chambliss moved to amend the 21st amendment, by striking out all 



360 


of it after the word “ commonwealth” in the 1st line, and inserting in lieu 
thereof the following: “of the Circuit Courts shall be appointed by the 
Judges thereof, for the t^rm of four years.” 

The said amendment be^ing submitted to the Convention, was rejected. 

Mr. Taylor moved to amend the amendment, by substituting therefor 
the following: 

“ The Attorneys for the Commonwealth chosen and commissioned for 
the counties, cities, and towns, shall be the Attorneys for the Common¬ 
wealth for the Circuit Courts held for the said counties, cities, and towns.” 

The said amendment being submitted to the Convention, was agreed to, 
and the amendment as amended was then concurred in. 

The 22d, 23d, 24th and 25th amendments of the committee of the whole 
were then concurred in, by the Convention, upon motions respectively put. 

The 26th amendment was amended, on motion of Mr. Hunter, by in¬ 
serting, after the word “ filled” in the 5th line, the words “ for the unex¬ 
pired term.” 

The amendment as amended was then concurred in by the Convention. 

The Convention then proceeded to the second reading of the report. 

Mr. Scott, of Fauquier, moved to amend the report, by striking out the 
first section, and inserting in lieu thereof the following: 

The judicial power of this common wealth shall be vested in a supreme 
court of appeals, the inferior courts established by this constitution, such 
other courts as the Legislature may from time to time establish, in the 
Judges thereof, and the Justices of the Peace. The Legislature may 
also vest such jurisdiction as shall be deemed proper in corporation 
courts, and in the masistrates who may belong to the corporate body. 
The jurisdiction of these tribunals, and of the Judges thereof, except so 
far as the same shall be ordained in this constitution, shall be regulated 
by law. 

Upon this amendment Mr. Ferguson demanded a division, and the 
question was first stated to be upon striking out the first section, and 
was decided in the negative. So that the amendment of Mr. Scott 
was rejected. 

Mr. Taylor moved to amend the 1st section by striking out there¬ 
from the first paragraph, to the word u courts” inclusive, and inserting 
in lieu thereof, the following: 

“ The Judicial power shall be vested in a Supreme Court of Appeals, in 
District Courts, Circuit Courts, and the Judges thereof, in County Courts, 
and in Justices of the Peace. 

Mr. Ferguson demanded a division, and being first propounded upon 
striking out the words indicated, was decided in the negative. So that 
the amendment was of Mr. Taylor was rejected. 

Mr. Summers moved to amend the first section, by adding thereto 
the following: 

“ The Supreme Court of Appeals shall hold its sessions in the city of 
Richmond, and in the town of Lewisburg, as now prescribed bylaw.” 

The said amendment was not agreed to by the Convention. 

In the 1st line of the section, Mr. Jacob moved to amend by striking 
out the words “ District Courts,” and the motion was rejected. 

The question next arose upon agreeing with the committee of the 
whole in their second amendment, which had been passed by. by the 
Convention. 


V 


Upon this question, Mr. Wise demanded the main question, which 
was ordered, and the Convention concurred with the amendment, ayes 
72, noes 45. 

On motion of Mr. F erguson, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Bird. Bland, 
Blue, Bowles, Burgess, Camden, Caperton, Dale Carter, Chambliss, 
Chilton, Cocke, Conway, Ferguson, Finney, Flood, Floyd, Fultz, Mus- 
coe R. H. Garnett, Muscoe Garnett, Goode, Hall, Fill, Hunter, Jacob, 
Jasper, Knote, Lyons, McCandlish, Jefferson T. Martin, Meredith, 
Moore, Price, Purkins, Randolph, Rives, Scoggin, Francis W. Scott, 
Robert E. Scott, Seymour, Shell, Sheftey, Sloan, Arthur R. Smith, Ben¬ 
jamin H. Smith, James Smith, Joseph Smith, Snodgrass, Southall. Stan- 
ard, Stephenson, Stewart, Straughan, Strother, Stuart, Summers, Tate, 
Taylor, Trigg,Tunis, Turnbull, Van. Winkle, Samuel Watts, Whittle, 
Ira Williams, Wingfield, Woolfolk, Worsham—72. 

Noes —Messrs. Armstrong, Brown, Byrd, Garble, Chapman, Clai¬ 
borne, Cox, Douglas, Edmunds, Edwards, Faulkner, Fisher, Fulker¬ 
son, Fuqua, Garland, Hays, Hoge, Hopkins, Johnson, Jones, Kenney, 
Kilgore, Letcher, Lionberger, Lucas, McCamant, McComas, William 
Martin, Morris, Murphy, Neeson, Newman, Pendleton, Petty, Robert 
G. Scott, William Smith, Snowden, Tredway, Wallace, William Watts, 
White, Samuel C. Williams, Wise, Wysor—45. 

Mr. Smith of Kanawha moved to amend the second section, by ad¬ 
ding thereto the following: 

The first section shall be composed of the following counties, cities 
and towns lying south of James River and east of the Blue Ridge, viz : 
Princess Anne, Norfolk city, Norfolk county, Nansemond, Isle of 
Wight, Southampton, Greensville, Surry, Sussex, Prince George, 
Petersburg, Dinwiddie, Brunswick, Mecklenburg, Lunenburg, Notto¬ 
way, Amelia, Chesterfield, Powhatan, Cumberland, Buckingham, Ap¬ 
pomattox, Campbell, Prince Edward, Charlotte, Halifax, Pittsylvania^ 
Bedford, Franklin, Patrick, and Henry. 

The second section shall be composed of the following, counties, cities 
and towns lying north of James River and east of the Blue Ridge, viz : 
Accomac, Northampton, Elizabeth city, Warwick, York, James city, 
the city of Williamsburg, New Kent, Charles city, Gloucester, Mat¬ 
thews, Middlesex, Henrico and the city of Richmond, Lancaster, Nor¬ 
thumberland, Richmond county, Westmoreland, King George, Essex, 
King and Queen, King William, Hanover, Caroline, Spottsylvania, 
Stafford, . Prince William, Fairfax, Alexandria, Loudoun. Fauquier, 
and Rappahannock. 

The >third section shall be composed of the following counties, cities 
and towns, viz; Culpeper, Madison, Greene, Orange, Louisa, Gooch¬ 
land, Fluvanna, Albemarle, Nelson, Amherst, Rockbridge, Augusta, 
Bath, Highland, Pendleton, Rockingham, Page, Shenandoah, Warren, 
Hardy, Clarke, Frederick, Hampshire, Morgan, Berkeley and Jeffer¬ 
son. 

The fourth section shall be composed of the following counties and 
towns, viz : Botetourt, Roanoke, Craig, Alleghany, Montgomery, 
Floyd, Pocahontas, Greenbrier, Monroe, Nicholas, Fayette, Raleigh, 

46 . 


Wyoming, Logan, Boone, Mercer, Giles, Pulaski, Wythe, Carroll, 
Grayson, Smyth, Tazewell, Washington, Russell, Scott and Lee. 

The fifth section shall be composed of the following counties, cities 
and towns, to wit: Hancock, Brooke, Ohio, (including the city of 
Wheeling,) Marshall, Wetzel, Tyler, Monongalia, Harrison, Marion, 
Taylor, Preston, Barbour, Randolph, Upshur, Lewis, Braxton, Gilmer, 
Doddridge, Pleasants, Ritchie, Wirt, Wood, Jackson, Mason, Putnam, 
Kanawha, Cabell and Wayne. 

And the said sections shall be divided into circuits and districts, as 
follows, to wit: 

The first circuit of the first section shall be composed' of the counties 
of Princess Anne, Norfolk, Nansemond, Isle of Wight, Southampton, 1 
Greensville, Surry, Sussex, and the city of Norfolk. 

The second circuit, of the counties of Prince George, Dinwiddle-, 
Brunswick, Mecklenburg, Lunenburg, Nottoway, Amelia, Chester¬ 
field, Powhatan and the city of Petersburg. 

The third circuit, of the counties of Cumberland, Buckingham, Appo¬ 
mattox, Campbell, Prince Edward, Charlotte and Halifax. 

The fourth circuit, of the counties of Pittsylvania, Bedford, Franklin, 
Patrick and Henry. 

And the first and second circuits shall compose the first district, and the* 
third and fourth circuits the second district of said section. 

SECOND SECTION. 

i 

The first circuit of the second section shall be composed of the cour-" 
tidSw Accomac, Northampton, Elizabeth city, Warwick, York, Glou¬ 
cester, Matthews, Middlesex, New Kent, Charles city, James city and 
the city of Williamsburg. 

The second circuit, of the county of Henrico and the city of Rich¬ 
mond. 

The third circuit, of the counties of Lancaster, Northumberland, Rich¬ 
mond, Westmoreland, King George, Spqttsylvania, Caroline, Hano¬ 
ver, King William, King and Queen, and Essex. 

The fourth circuit, of the counties of Stafford,, Prince W r illiam, Alexan¬ 
dria, Fairfax, Loudoun, Fauquier and Rappahannock. 

And the first and second circuits shall compose the first district, and 
the third and fourth circuits the second district of said section. 

THIRD SECTION. 

The first circuit of the third section shall be composed of the counties 
of Culpeper, Madison, Greene, Orange, Albemarle, Louisa, Fluvanna 
and Goochland. 

The second circuit, of the counties of Nelson, Amherst, Rockbridge, 
Augusta, Bath and Highland. 

The third circuit, of the counties of Pendleton, Rockingham, • Page, 
Shenandoah, Warren and Hardy. 

The fourth circuit, of the counties of Clarke, Frederick, Hampshire, 
Morgan, Berkeley and Jefferson. 

And the first and second circuits shall compose the first district, and 
the third and fourth circuits the second district of the third section. 


FOURTH SECTION. 

The first circuit of the fourth section shall be composed of the counties 
of Botetourt, Alleghany, Pocahontas, Roanoke, Craig, Montgomery, 
and Floyd. 

The second circuit, of the counties of Greenbrier, Monroe, Nicholas, 
Fayette, Raleigh, Wyoming, Logan and Boone. 

^ The third circuit, of the counties of Mercer, Giles, Pulaski, Wythe, 
Carroll and Grayson. 

The lourth circuit, of the counties of Smyth, Tazewell, Washington, 
Russell, Scott and Lee. 

And the first and second circuits shall compose the first district, and 
the third and fourth circuits the second district of the fourth section. 

FIFTH SECTION. 

The first circuit of the fifth section shall be composed of the counties 
of Wayne, Cabell, Mason, Jackson, Putnam and Kanawha. 

The second circuit, of the counties of Wood, Wirt, Gilmer, Braxton, 
Lewis, Ritchie, Doddridge and Pleasants. 

The third circuit, of the counties of Hancock, Brooke 1 , Ohio, Mar¬ 
shall, Wetzel, Tyler, Monongalia, and the city of Wheeling. 

The fourth circuit, of the counties of Harrison, Marion, Taylor, 
Preston, Barbour, Randolph and Upshur. 

And the first and second circuits shall compose the first district, and 
the third and fourth circuits the second district of the fifth section. 

Pending the consideration of the said amendment, 

On motion of Mr. Letcher, 

Ordered , That the 2d section, together with the amendment of Mr. 
Smith, of Kanawha, be passed by for the present. 

Mr. Neeson moved to amend the 3d section, by striking out all from 
the word “ may” in the first line, to the word “ re-arrange’’ in the sec¬ 
ond line. 

Before submitting the said amendment, on motion of Mr. Letcher, 
the blanks in the first and second lines were filled with the word 
“ eight.” 

The question was then put upon the amendment of Mr. Neeson, and 
was decided in the negative. 

Mr. Hays moved to amend the 3d section, by striking out from the 
word “ diminished” in the 5th to the word u section” included in the 
6th line, and the motion was decided in the negative. 

Mr. Jacob submitted a motion to amend the 4th section by striking 
out from “ Assembly” in the 3d, to the word “ elected” inclusive, in the 
4th line, and the motion was rejected. 

Mr. Straughan moved to strike out from the 4th section, 3d line, the 
words “ during his continuance in office,” and insert in lieu thereof u at 
the time of his election,” and the amendment was rejected. 

Mr. Williams, of Shenandoah, moved to amend the section in the 3d 
line by inserting after the word “ shall,” the words “ at the time of his 
election and.” 

In the 4th line of the 5th section, Mr. Jacob moved to strike out the 
word “ five,” and insert in lieu thereof “ three.” 

Mr. Bocock called for a division of the question, and it was first put 
upon striking out u five,” and decided in the negative. 


364 

Mr. Smith, of Kanawha, moved to amend the 6th section, by striking 
all of it oat after the word “age,” in the 3d line. The motion being 
submitted to the Convention, was rejected. 

Mr. Finney moved to strike out the words “ thirty-five, 1 ” in the 2d 
and 3d lines of the 6th section, and insert in lieu thereof, the word 
“ thirty,” and the motion was not agreed to. 

Mr. Flood moved to amend the 7th section, 4th line, by inserting af¬ 
ter the word “ Court,” the words 11 nor of the Circuit Courts.” 

Upon this Mr. Hunter demanded the main question, which was or¬ 
dered and the amendment agreed to. 

Mr. Smith, of Greenbrier, moved to strikeout all of the 7th section, 
after the word “ Constitution” in the 4th line. 

Upon this question, Mr. Muscoe Garnett moved the previous ques¬ 
tion, and was sustained, and the Convention refused to strike out, ayes 
48, noes 58. 

On motion of Mr. Taylor, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Barbour, Beale, Bland, Braxton, Bur¬ 
gess, Camden, Chilton, Conway, Cox, Edwards, Fulkerson, Fultz, 
Garland, Muscoe R H. Garnett, Muscoe Garnett, Hopkins, Jacob, 
Jones, Ligon, Lynch, McCamant, McCandlish, Neeson, Pendleton, 
Petty, Robert E. Scott, Robert G. Scott, Seymour, Sheffey, Sloan, Ar¬ 
thur R. Smith, Benjamin H. Smith, James Smith, William Smith, Stari- 
ard,Straughan, Strother, Stuart, Summers, Taylor, Trigg, Tunis, Yan 
Winkle, Samuel Watts, Wingfield, Woolfolk, Wysor—48. 

Noes —Messrs. Armstrong, Arthur, Banks, Bird, Blue, Bocock, 
Bowles, Brown, Byrd, Carlile, Dale Carter, Chambliss, Chapman, Clai¬ 
borne, Douglas, Edmunds, Ferguson, Finney, Fisher, Flood, Floyd, 
Gaily, Hall, Hays, Hill, Hunter, Johnson, Kenney, Kilgore, Knote, 
Leake, Letcher, Lionberger, Lucas, Lyons, McComas, Jefferson T. 
Martin, William Martin, Moore, Morris, Newman, Rives, Scoggin, 
Francis W. Scott, Shell, Joseph Smith, Snodgrass, Southall, Stephen¬ 
son, Stewart, Tate, Turnbull, Wallace, White, Whittle, S. C. WiL 
liams, Wise, Worsham—58. 

Mr. Lyons gave notice that he would move to suspend the 8th rule, 
and re-consider the vote just taken. ' f v; 5 

The hour of two o’clock having arrived, the Convention took a recess. 


At half past four o’clock, the President resumed the Chair. 

The seventh section of the Report of the Judiciary committee, as amend¬ 
ed by the committee of the whole, being under consideration, Mr. Beale, 
moved to amend the same by adding thereto the following: 

“ But this proviso shall not apply to the first election of circuit 
Judges, under this constitution.” . ,r * v 

The said amendment being under consideration, Mr. Stanard de¬ 
manded the main question, which was ordered, and the amendment re¬ 
jected, ayes 37, noes 67. * • . . 

On motion of Mr. Douglas, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Barbour, Beale, Braxton, Byrd, Chil¬ 
ton, Conway, Cox, Fulkerson, Garland, Muscoe R. H. Garnett, Muscoe 
Garnett, Hill, Jones, Ligon, Lyons, McCamant,Meredith, Miller, Moore, 
Pendleton, Petty, Price, Robert E. Scott, Seymour, Sheffey, Arthur R. 



Smith, Benjamin H. Smith, James Smith, William Smith, Snowden, 
Stanard. Straughan, Summers, i'ayl )r, Samuel Watts, Whittle—37. 

JVbes Messrs. Armstrong, Art mr, Batiks, Bird, Bland, Blue, Bo- 
coek, Bowles, Brown, Burgess, Caaid m Carlile, Dale Carter, Cham¬ 
bliss, Chapman, Claiborne, meglas, Edmunds, Edwards, Faulkner, 
Ferguson, Finney, isher, F! d, ioyd, Fultz, Fuqua, Gaily, Hall, 
Hays, Hopkins, Jasper, Johnson, Kenney, Kilgore, Leake, Letcher, Li- 
ucas, Jefferson T. Martin, William Martin, Murphy, Nee- 


onberger, 



C. Williams, Wingfield, Woolfolk, Worsham—67. 

Mr. Smith, of Greenbrier, moved farther to amend the 7th section, in 
the 5th line, by striking out the words “ remain in office,” and inserting in 
lieu thereof the words “ be elected.” 

Upon this amendment, Mr. Pendleton demanded the main question, 
which was ordered, and the amendment rejected. 

Mr. Byrd gave notice that on to-morrow, or on some other day, he 
would move a suspension of the Sth rule, and a reconsideration of the vote 
of the Convention adopting the “ proviso ” to the 7th section. 

Mr. Muscoe Garnett ave notice that he would move a suspension of 
the same rule, and a reconsideration of the vote agreeing with the Commit¬ 
tee of the whole in their amendment to the second section of the report. 

Mr. Byrd, of Frederick, moved to amend the 7th section, in the 5th line, 
by striking out the word “ seventy,” and inserting in lieu thereof the words 
“ seventy-five.” 

The said amendment being submitted to the Convention, was rejected. 

In the Sth section, 3d line, Mr. Lyons moved to amend, by striking out 
the word “ thirty,” and inserting in lieu thereof the words “ twenty-five.” 

The said amendment was not agreed to. 

The 9th section, 5th line, was amended, on motion of Mr. Stuart, of 
Patrick, by striking out the words “ or any other officer.” 

Mr. Bocock moved farther to amend the report, by striking out the 
ninth section as amended, and inserting in lieu thereof the following: 

u The first general election of all Judicial and County officers shall be 
held at a time to be fixed by law, which shall be prior to the 30th day of 
June, in the year 1852 ; and thereafter the general elections of these officers 
shall be held at a like time in years intervening between those in which the 
general elections of members of the House of Delegates shall be held.” 

Mr. Hoge demanded a division of the question, and it w*as first stated to 
be upon striking out the 9th section, and was decided in thh affirmative. 

The question recurring upon inserting Mr. Bocock’s Amendment, was 
decided in the affirmative. 

After the 11th section, Mr. Lyons moved to amend the report by adding 
the following new section : 

“If a majority of the qualified voters of the City of Richmond shall vote 
for this Constitution, and the same shall be adopted, the following clauses 
shall be a part of it, if the said majority shall approve them also, viz: 

1. The qualified voters of the city of Richmond may elect a Judge 
for the said city, who shall hold his office as the other Circuit Court 
Judges hold their’s, and receive a salary of $3,000 per annum—one- 


third of which shall be paid out of the state treasury, and the remaining 
two-thirds by the city of Richmond. The said Court shall have juris¬ 
diction of all causes which may now be tried jn the Hustings Court of 
the said city, except those in which the sum in controversy, exclusjy.e 
of costs, shall be $50 or less. It shall also have such appellate and 
Chancery jurisdiction as any other Circuit Court shall possess, except 
that it shall not revise any judgment or decree pronounced by any 
County Court; and all criminal causes, originating in the city of Rich¬ 
mond, which now are, or might be, tried in the Circuit Court of Hen¬ 
rico, shall be tried in the said Circuit Court of Richmond. 

2. The Clerk of the Hustings Court of the city of Richmond shall be 
the Clerk of the said Circuit Court of Richmond, unless the Council of 
the city of Richmond shall, by ordinance, determine that a separate 
Clerk for/ the said Court is necessary ; in which event, a Clerk shall be 
elected for the said Court in the same manner in which the Clerks of 
other Circuit Courts are elected, who shall hold his office by the same 
tenure by which the said Clerks hold their’s. 

3. The Aldermen of the city of Richmond shall receive no compensa¬ 
tion for any judicial service; but they may receive such compensation 
for ministerial services, rendered not in Court, as the Council of the city 
may, by ordinance, allow. 

4. The Sergeant of the city of Richmond shall be the Sergeant of the 
said Court, and perform the duties which the Sheriff performs in other 
Courts, unless the Council of the city shall, by ordinance, determine 
that a separate officer is necessary for the said Court; in which event, 
a Sheriff shall be elected for the said Court, in the same manner in 
which the Sheriffs of the counties are elected, who, when so elected, 
shall stand in all respects upon the footing of other Sheriffs. 

5. An Attorney for the Commonwealth in the said Court, who shall 
also be the Attorney for the Commonwealth in the Hustings Court of 
the city of Richmond, shall be elected by the qualified voters of the city 
of Richmond, and hold his office as other Attornies for the Common¬ 
wealth in the counties do : one-fourth of his salary shall be paid out of 
the treasury of the Commonwealth, and the residue by the city of 
Richmond. 

6. The said Courts shall hold as many terms annually as may be autho¬ 
rized by law; Provided , that the said Court and the Circuit Court of 
Henrico shall not hold their sessions at the same time.” 

The said amendment being under consideration, Mr. Letcher demanded 
the main question, which was ordered, and the amendment rejected. 

Mr. Sheffey submitted a motion to strike out the 12th section, and 
insert in lieu thereof the following: 

“ A District Court shall be established in each circuit, to be holden once 
at least in every year, by the Judges of the circuits composing the section 
of which the said circuits respectively form parts, any three of whom may 
hold a court: Provided, that no Judge shall sit in, or decide upon, any 
appeal taken from his own decision.” 

Upon this amendment, Mr. Carlile demanded the main question, which 
was ordered, and the amendment rejected. 

Mr. Ferguson gave notice that he would move to suspend the 8th rule, 
and move a reconsideration of the vote adopting Mr. Bocock’s substitute 
for the 9th section. 


367 


Mr. Byrd, of Frederick, moved to amend the report, by striking out all 
of the 14th section after the word “ office” in the 3d line. 

Upon this motion, Mr. Taylor demanded the main question, which was 
ordered, and the amendment rejected, ayes 34, noes 81. 

On motion of Mr. Pendleton, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Arthur, Banks, Bird, Bland, Brown, Byrd, 
Camden, Carlile, Dale Carter, Cox, Edwards, Fisher, Fulkerson, Fuqua, 
Hays, Hoge, Hopkins, Kenney, Kilgore, Leake, Ligon, McCamant, Mil¬ 
ler, Moore, Neeson, Newman, Pendleton, Sloan, Snodgrass, Snowden, 
Tate, Trigg, William Watts—34. 

, ,Nays —Messrs. Mason, (Pres’t.,) Barbour, Beale, Blue, Bowles, 
Braxton, Burgess, John A. Carter, Chambliss, Chilton, Claiborne, 
Conway, Davis, Douglas, Edmunds, Faulkner, Ferguson, Finney, 
flood, Fultz, Gaily, Garland, Muscoe R. II. Garnett, Muscoe Garnett, 
Goode, Hall, Hill, Hunter, Jacob, Jasper, Johnson, Jones, Lucas, Lynch, 
Lyons, McComas, Jefferson T. Martin, Wm. Martin, Meredith, Morris, 
Murphy, Petty, Price, Parkins, Randolph, Rives, .Scoggin, Francis W. 
Scott, Robert E. Scott, Robert G. Scott, Seymour, Shell, Sheffey, Arthur 

R. Smith, Benjamin H. Smith, James Smith, Joseph Smith, William 
Smith, Southall, Stanard, Stephenson, Stewart, Straugban, Strother, 
Stuart, Summers, Taylor, Tredway, Tunis, Turnbull, Van Winkle, Wal¬ 
lace, S. Watts, White, Whittle, Ira Williams, Wingfield, Wise, Woolfolk, 
Worsham and Wysor—81. 

Mr. Pendleton gave notice that he would move a suspension of the 
rule and a reconsideration of the vote rejecting the amendment of Mr. 
Lyons, providing for a court in the city of Richmond. 

Mr. Finney moved to amend the report by adding the following new 
section after the 14th: 

“ The Legislature shall provide by law for the payment of jurors ; but 
no appropriation shall be made for that purpose out of the State Treasury, 
except in prosecutions for felony and misdemeanors.” 

Mr. Camden moved to amend the amendment by striking out all after 
the word “ jurors” in the 1st line ; and the motion was rejected. 

Mr. Chambliss Kioved to amend the amendment by striking out the 
last two words “ and misdemeanors,” and the amendment was not agreed 
to. 

The question recurring upon the amendment of Mr. Finney, he demand¬ 
ed the main question, which was ordered, and the amendment adopted, ayes 
65, noes 46. 

On motion of Mr. Ferguson, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Bland, Blue, Bowles, Brown, Camden, 
Claiborne, Edwards, Faulkner, Ferguson, Finney, Fisher, Flood, Gaily, 
Hays, Hoge, Hopkins, Hunter, Jacob, Jasper, Johnson, Kilgore, Knote, 
Leake, Letcher, Ligon, Lionberger, Lucas, McCamant, McComas, Jeffer¬ 
son T. Martin, William Martin, Miller, Murphy, Neeson, Newman, 
Price, Purkins, Rives, Scoggin, Robert E. Scott, Seymour, Sheffey, Sloan, 
Arthur R. Smith, Benjamin H. Smith, Joseph Smith, William Smith, 
Snodgrass, Stephenson, Stewart, Strother, Stuart, Summers, Tate, Trigg, 
Tunis, Van Winkle, Samuel Watts, William Watts, White, Ira Williams, 

S. C. Williams, Wise, Wysor—65. 

Abes—Messrs. Mason, (Pres’t.) Banks, Barbour, Bird, Bocock, Brax- 


368 


ton, Burgess, Dale Carter, Chambliss, Conway, Cox, Davis, Douglas, 
Edmunds, Fulkerson, Fultz, Fuqua, Garland, Muscoe R. H. Garnett, 
Goode, Hall, Hill, Jones, Kenney, Lynch, Lyons, Meredith, Moore, Mor¬ 
ris, Pendleton, Petty, Randolph, Francis W. Scott, Robert G. Scott, Shell, 
James Smith, Southall, Straughan, Taylor, Tredway, Turnbull, Wallace, 
Whittle, Wingfield, Woolfolk, Worsham—46. 

Mr. Price moved to amend the 15th section in the 3d and 4th lines, by 
striking out the words “ or within one year after he shall have ceased to 
hold the same.” 

Mr. Hunter demanded the main question upon the said amendment, 
which was ordered, and the amendment rejected. 

In the 1st and 2d lines of the 16th section, Mr. Stanard moved to 
amend by striking out “ a majority,” and inserting in lieu thereof “ two- 
thirds,” and the motion was rejected. 

Mr. Bocock moved farther to amend the report by striking out the 18th 
section, and inserting in lieu thereof the following: 

“ The official terms of the first Judges elected under this Constitution 
shall commence on the 1st day of July, in the year 1852.” 

Mr. Hoge moved first, to amend the section by striking out all after the 
word u until” in the third line, and inserting in lieu thereof the follow¬ 
ing: 

“The Judges under this constitution provided for, shall be elected and 
qualified, but no longer.” The said amendment was rejected. 

The question recurring upon the motion of Mr. Bocock, Mr. Taylor 
demanded a division, and it was first stated to be upon striking out the 17th 
section. 

Pending the consideration of which, 

On motion of Mr. Scott of Fauquier, 

Ordered , That the report and amendments be laid upon the table. 

On farther motion of Mr. Scott, 

Ordered , That the rule requiring a daily recess of the Convention be 
suspended until further order. 

Mr. Conway moved to take up and consider the report of the committee 
of the whole upon the report of the Judiciary Department. 

Pending the consideration of which, 

On motion of Mr. Stanard, the Convention then adjourned. 


5 Wednesday, July 23, 1851. 

The Convention met pursuant to adjournment, and, on motion of Mr. 
Pendleton, the reading of yesterday’s journal was dispensed with. 

Mr. Southall presented a communication signed by sundry citizens of 
the Albemarle Conventional district, conveying instructions to Thomas J. 
Randolph, Esq., one of the Delegates from that district, in relation to the 
u compromise of the basis of Representation.” 

On motion of Mr. Southall, the said communication was ordered to -be 
laid upon the table. 

The President submitted a communication from Isaac S. Samuels, Ser- 
geant-at-Arms to the Convention, which was read as follows: 

Hon. J. Y. Mason, Pres’t. Virginia Convention, 
Sir:—Business of an important character demands my attention at -home*. 



369 


and, being unwilling to absent myself from the Convention at this late pe¬ 
riod, I beg most respectfully to tender, through you, to the Convention, 
the resignation of my office as Sergeant-at-Arms. 

Respectfully, yours, &c. 

I. S. SAMUELS. 

On motion of Mr. Muscoe Garnett, 

Ordered , That the said communication be laid upon the table. 

On motion of Mr. Pendleton, 

Ordered , That the First Door-keeper perform the duties of Sergeant-at- 
Arms, and that he receive the pay of the Sergeant-at-Arms in addition to 
his pay as First Door-keeper. 

The President announced the following committee of enrolment, under 
a resolution of Mr. Watts, of Norfolk county, adopted some days ago:— 
Messrs. Watts, of Norfolk county, Garland, and Newman. 

Mr. Muscoe Garnett submitted the following resolution, which, on 
his motion, was ordered to be laid upon the table: 

Resolved That the Secretary of the Convention certify for payment, the 
account of William Booth for $9 00, for window sashes, &e., furnished for 
the hall of the House of Delegates. 

The President stated the pending question to be upon the motion of 
Mr Conway, to take up and consider the report of the committee of the 
whole upon the report of the committee on the Judiciary department of the 
government. 

The said motion was agreed to, and the question stated upon striking 
out the 17th section, with a view to inserting Mr. Bocock’s amendment. 

The Convention refused to strike out the 17th section, and thus the 
amendment of Mr. Bocock was not agreed to. 

The 19th section being under consideration, Mr. Price moved to strike 
out the whole section. 

Mr. Jacob moved first to amend the section, by striking out the words 
“ an appellate court/’ and inserting the words ,l the Supreme Court of 
Appeals.” 

The said amendment was agreed to by the Convention. 

The question then recurred upon the motion of Mr. Price, and it was 
decided in the negative. 

Mr. Chambliss moved to amend the section, by adding thereto the fol¬ 
lowing: “provided they shall not give longer opinions than they have 
heretofore given.” 

The said amendment was not agreed to by the Convention. 

Mr. Bird, of Shenandoah, moved to amend the section in the 1st line, 
by adding, after the word “ reversed,” the words “or alfirmed.” 

Mr. Davis moved to amend the amendment, by adding thereto the fol¬ 
lowing : “ or an application for an appeal or supersedeas be denied.” 

The amendment to the amendment was rejected, and the amendment of 
Mr. Bird, of Shenandoah, agreed to. 

Mr. Snow t den moved to amend the report, by striking out the 19th sec¬ 
tion as amended. 

Mr. Hays moved first to amend the section by inserting, after the word 
“ court” in the 1st line, the words “ or a district court.” The said amend¬ 
ment was rejected, as was also the amendment proposed by Mr. Snow¬ 
den. 


47 


370 


Mr. Snowden moved to insert, before the word “ written,” the word 
“ brief, 55 and the amendment was rejected. 

Mr. Wise moved to amend the report further, in the 21st section, by 
striking out all from the word ‘ six,” inclusive, in the 3d line, to the word 
“ their,” in the 7th line, and inserting the following : “eight years from 
the date of their election, and until their successors be duly qualitied ; and 
an attorney for the commonwealth for each circuit shall be elected by the 
qualified voters of the respective circuits.” 

At the demand of Mr. Jacob, the vote was first taken upon striking out 
the original text down to the word “qualified,” inclusive, in the 5th line, 


and was decided in the negative. 

The vote was then taken upon striking out the remainder of the section 
to the word “ their” in the 7th line, and was also given in the negative. 

So that the amendment of Mr. Wise was rejected. 

On motion of Mr. Stanard, the 21st section was farther amended by 
inserting, before the last clause of the section commencing with the words 
“ their duties,” &c. the following: 

“ But in case a Circuit Court be held for a county and city, there shall be 
an attorney for the commonwealth for such court, to be elected by the 
qualified voters of such county and city, and to continue in office four 
years.” 

On motion of Mr. Scott, of Fauquier, the report was further amended 
by inserting, after the2lst section, the following new section : 

li When a vacancy shall occur in the office of clerk of any court, such 
court may appoint a clerk pro tempore , who shall discharge the duties of 
the office until the vacancy be filled.” 

Mr. Bocock moved to amend the report, by striking therefrom the 22d 
section, and inserting in lieu thereof the following: 

“ Whenever, by reason of a vacancy, there shall be a special election of 
a Judge, the official term of the person elected shall expire at the time at 
which it would regularly have expired, had he been elected at the regular 
biennial election next preceding the time when his election took place.” 

The said amendment being submitted to the Convention, was rejected. 

Mr. Straughan moved to amend the 23d section, by striking out in the 
3d line the words “ of the constitution, 55 and the amendment was rejected. 

In the 24th section, Mr. Sheffhy moved to strike out from the word 
“ years” in the 3d, to the word “ provided” in the 4th line, and insert the 
following : “ His duties and compensation shall be prescribed by law ; but 
his compensation shall not be diminished during his continuance in office.” 

Mr. Letcher moved to amend the amendment, by inserting the words 
“increased or” before the word “diminished,” which amendment was 


rejected. 

The question w T as then put upon the amendment of Mr. Sheffey, and 
was decided in the negative. 

Mr. Davis moved to amend the 24th section, by striking out in the 1st 
and 2d lines the words “ qualified voters of the state and commissioned by 
the Governor,” and inserting in lieu thereof the words “joint vote of the 
tw T o houses of the General Assembly. 55 The said amendment being sub¬ 
mitted to the Convention, was decided in the negative. 

Mr. Ferguson, in accordance with notice, moved a suspension of the 
8th rule, and a reconsideration of the vote of yesterday, agreeing to strike 


371 


out the 9th section, and insert'in its stead an amendment of Mr. Bocock. 

The said question, beings submitted to the Convention, was decided in 
the affirmative, and the vote reconsidered. 

The question then recurring upon striking out the said section, and in¬ 
serting the amendment of Mr. Bjcock, Mr. 'Taylor demanded a divi¬ 
sion, and the question was first put upon striking out the section, and 
decided in the negative. So the amendment of Mr. Bocock was re¬ 
jected. 

Mr. Byrd, of F rederick, moved to suspend the 8th rule, and reconsider 
the vote agreeing to the proviso attached to the 7th section. 

The said motion was not agreed to by the Convention. 

On motion of Mr. Pendleton, the 8th rule was suspended, and the vote 
reconsidered which refused to agree to an amendment which Mr. Lyons 
offered on yesterday, to come in after the 11th section. 

Mr. Lyons then as:ain offered his amendment as an independent series of 
sections, to be inserted after the 11th section. 

Upon this amendment, Mr. Straughan demanded the main question, 
which was ordered, and the amendment rejected. 

Mr. Lyons then submitted a motion, that the report be amended by in¬ 
serting, after the eleventh section, the following : 

“ If a majority of the qualified voters of the city of Richmond, under this 
constitution, shall vote for the following clauses, they shall be a part of the 
constitution: 

1. The qualified voters of the city of Richmond may elect a Judge 
for the said city, who shall hold his office as the other Circuit Court 
Judges hold their’s and receive a salary of $3,000 per annum—one- 
third of which shall be paid out of the state treasury, and the remaining 
Wo-thirds by the city of Richmond. The said Court shall have juris¬ 
diction of all causes which may now be tried in the Hustings Court of 
the said city, except those in which the sum in controversy, exclusive 
of costs, shall be $50 or less. It shall also have such appellate and 
Chancery jurisdiction as any other Circuit Court shall possess, except 
that it shall not revise any judgment or decree pronounced by any 
County Court; and all criminal causes, originating in the city of Rich¬ 
mond, which now are, or might be, tried in the Circuit Court of Hen¬ 
rico, shall be tried in the said Circuit Court of Richmond. 

2. The Clerk of the Hustings Court of the city of Richmond shall be 
the Clerk ot the said Circuit Court of Richmond, unless the Council of 
the city of Richmond shall, by ordinance, determine that a separate 
Clerk for the said Court is necessary; in which event, a Clerk shall be 
elected for the said Court in the same manner in which the Clerks of 
other Circuit Courts are elected, who shall hold his office by the same 
tenure by which the said Clerks hold their’s. 

3. the Aldermen of the city of Richmond shall receive no compensa¬ 
tion for any judicial service; but they may receive such compensation 
for ministerial services, rendered not in Court, as the Council of the city 
may, by ordinance, allow. 

4. The Sergeant of the city of Richmond shall be the Sergeant of the 
said Court, and perform the duties which the Sheriff performs in other 
Courts, unless the Council of the city shall, by ordinance, determine 
that a separate officer is necessary ior the said Court; in which event. 


372 


a Sheriff shall be elected for the said Court, in the same manner in 
which the Sheriffs of the counties are ele» ted, who, when so elected, 

♦ shall stand in all respects upon the footing of other Sheriffs. 

5. An Attorney for the Commonwealth in the said Court, who shall 
also be the Attorney for the Commonwealth in the Hustings Court of 
the city of Richmond, shall be elected by the qualified voters of the city 
of Richmond, and hold his office as other Attornies for the Common¬ 
wealth in the counties do: one-fourth of his salary shall be paid out of 
the treasury of the Commonwealth, and the residue by the city of 
Richmond. 

6. The said Courts shall hold as many terms annually as may be autho¬ 
rized by law: Provided , that the said Court and the Circuit Court of 
Henrico shall not hold their sessions at the same time.” 

Mr. Botts moved to amend the amendment, by striking out from the 
word “ annum,'” in the third line of the 1st section, to the word te Rich¬ 
mond,” inclusive, in the 5th line, and the motion was rejected. 

Mr. Botts moved then to amend the amendment in the 1st line of the 
1st section, by striking out the words “ city of Richmond,” and inserting 
in lieu thereof the words u voters under this constitution.” 

Pending the consideration of the said amendment, Mr. Lyons, by leave 
of the Convention, withdrew his amendment. 

On motion of Mr. Botts, the following was added to the end of 3d sec¬ 
tion : Provided , That nothing herein contained shall prevent the Legisla¬ 
ture from establishing a separate judicial circuit for the city of Richmond, 
if the same shall appear to be necessary and proper, in addition to those 
herein provided for; the Judge whereof shall be elected in the same man¬ 
ner, for the same term, and receive the same compensation with other cir¬ 
cuit Judges.” 

In the 22d section, 3d line, Mr. Byrd moved to amend by striking out 
the words “ full term,” and inserting in lieu thereof the words “ unexpired 
term of his immediate predecessor.” 

The said amendment was not agreed to. 

The report was amended further in the 3d line of the 13th section, by 
adding after the word “ Judge,” the words “ or Sheriff.” 

Mr. Wise moved that the report as amended be laid upon the table, 
and the motion was rejected. 

The Convention then returned to the consideration of the 2d section, with 
the amendment thereto offered by Mr. Smith, of Kanawha. 

Mr. M. R. H. Garnett moved to suspend the rule, and reconsider the 
vote agreeing with the committee of the whole in their amendment to this 
section. 

Upon this, Mr. Taylor demanded the main question, which was or¬ 
dered, and the motion of Mr. Garnett rejected, ayes 54, noes 67. 

On motion of Mr. Stanard, the vote was record^ d as follows : 

Ayes —Messrs. Armstrong, Bland, I'otts, Braxton, Brown, B) rd, John 
A. Carter, Chambers, Chapman, Claiborne, Cox, Davis, Edmunds, Ed¬ 
wards, Finney, Fisher, Fulkerson, Fuqua, Garland, Muscoe R. H. Gar¬ 
nett, Hays, Hoge, Jones, Kenney Leake, Letcher, Ligon, Lionberger, 
Lucas, Lynch, Lyons, McCamant, McCornas, Jefferson T. Martin, William 
Martin, Meredith, Moore, Morris, Murphy, Neeson, Newman, Pendleton, 
Randolph, Saunders, Robert G. Scott, William Smith, Snowden, Tred- 


373 


way, Wallace, Wm. Watts, White, S. C. Williams, Wise, Wysor—54- 

Noes —Messrs. Mason, (Preset.) Arthur, Banks, Barbour, Bird, Blue, 
Bocock, Bowden, Bowles, Camden, Caperton, Carlile, Dale Carter. Cham¬ 
bliss, Chilton, Cox, Conway, Douglas, Ferguson, Flood, Floyd, Fultz, 
Gaily, Muscoe Garnett, Hall, Hill, Hunter, Jasper, Johnson, Kilgore, 
Knote, McCandlish, Petty, Price, Purkins, Ridley, Rives, Scoggin, Fran¬ 
cis W. Scott, Robert E. Scott, Seymour, Shell, Sheffey, Arthur R. 
Smith, Benjamin H. Smith, James Smith, Joseph Smith, Snodgrass, Stan- 
ard, Stephenson, Stewart, Straughan, Strother, Stuart, Summers, Tate, 
Taylor, Trigg, Tunis, Turnbull, Van Winkle, Samuel Watts, Whittle, Ira 
Williams, Wingfield, Woolfolk, Worsham—67. 

The question was then put upon agreeing with the first section of the 
amendment of Mr. Smith, when Mr. Letcher moved to refer the report 
and amendments to a special committee of twenty-three, to lay off the State 
into twenty-one circuits, and to apportion the judicial circuits accor¬ 
ding^. 

Upon this motion, Mr. Ferguson demanded the main question, which 
was ordered, and the motion rejected, ayes 37, noes 78. 

On motion of Mr. Ferguson, the vote was recorded as follows: 

Ayes —Messrs. Bowles, Brown, Byrd, Chambers, Chapman, Cox, Da¬ 
vis, Edmunds, Fisher, Fuqua, Garland, Hill, Hoge, Jones, Kenney, Leake,. 
Letcher, Lucas, Lyons, McCamant. McComas, Jefferson T. Martin, 
Meredith, Moore, Morris, Neeson, Purkins, Saunders, Robt. G. Scott, 
Stanard, Tred way, Wal ace, William Watts, White, Samuel C. Williams, 
Wise, Wysor—37. 

Noes —Messrs. Mason, (Pres’t.) Armstrong, Arthur, Banks, Barbour, 
Bird, Bland, Blue, Bocock, Bowden, Braxton, Burgess, Camden, Ca¬ 
perton, Carlile, Dale Carter, John A. Carter, Chambliss, Chilton, Clai¬ 
borne, Cocke, Conway, Douglas, Ed wards, Ferguson, Flood, Floyd, 
Fultz, Gaily, Muscoe Garnett, Hall, Hays, Hunter, Jacob, Jasper, John¬ 
son, Kilgore, Knote, Ligon, Lionberger, Lynch, McCandlish, Wm. Mar¬ 
tin, Newman, Pendleton, Petty, Price, Randolph, Ridley, Rives, Scoggin, 
Francis W. Scott, Seymour, Shell, Sheffey, Arthur R. Smith, Benjamin 
H. Smith, James Smith, Joseph Smith, William Smith, Snodgrass, Snow¬ 
den, Southall, Stephenson, Stewart, Straughan, Stuart, Summers, Tate, 
Taylor, Tunis, Turnbull, Van Winkle, Whittle, Ira Williams, Wingfield, 
Woolfolk, Worsham—78. 

The Convention then adopted the 1st section of the amendment, ayes 
75, noes 32. 

On motion of Mr. Conway, the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Bird, Bland, 
Blue. Braxton, Burgess, Camden, Caperton, John A Carter, Chambliss, 
Chilton, Claiborne, Cocke, Conway, Cox, Edwards, Ferguson, Finney, 
Flood, Floyd, Fultz, Gaily, Muscoe Garnett, Hall, Hays, Hopkins, Hun¬ 
ter, Jacob, Johnson, Kenney, Knote, Ligon, Lionberger, Lynch, Lyons, 
McCandlish, William Martin, Miller, Pendleton, Petty, Price, Randolph, 
Ridley, Rives, Saunders, Scoggin, Francis W. Scott, Seymour, Shell, 
Arthur R. Smith, Benjamin H. Smith, James Smith, Joseph Smith, 
Snodgrass, Southall, Stanard, Stephenson, Stewart, Straughan Stuart, 
Summers, Tate, Taylor, Tred way, Trigg, Turnbull, Van Winkle, Sam¬ 
uel Watts, Whittle, Wingfield, Woolfolk, Worsham—75. 


374 


Noes —Messrs. Armstrong, Bowles, Brown, Chambers, Davis, Edmunds, 
Fisher, Fuqua, Garland, Hill, Hoge, Jones, Leake, Lucas, McCamant, 
McComas, Jefferson T. Martin, Meredith, Morris, Murphy, Neeson, New¬ 
man, Purkms, Robert E. Scott, Robert G. Scott, Strother, Wallace, 
White, Ira Williams, Samuel C. Williams, Wise, Wysor—32. 

The 2d, 3d, 4th, and 5th, sections of the amendment were then agreed 
to. 

Mr. Wise moved to amend the amendment by striking out all after the 
5th section, and inserting in lieu thereof the following : 

“ And the districts and circuits shall be arranged by the Legislature at 
its first session.” 

Upon this amendment, Mr. Carlile demanded the main question, which 
was ordered, and the amendment rejected, ayes 48, noes69. 

On motion of Mr. Wise, the vote was recorded as follows: 

Ayes —Messrs. Bland, Bowles, Brown, Byrd, Caperton, John A. Car¬ 
ter, Chambers, Chapman, Cox, Davis, Edmunds, Fisher, Fulkerson, Fu¬ 
qua, Garland, Muscoe R. H. Garnett, Goode, Hill, Hoge, Jones, Ken¬ 
ney, Kilgore, Leake, Ligon, Lionberger, Lucas, Lyons, McCamant, McCo- 
mas, Jefferson T. Martin, Meredith, Morris, Neeson, Newman, Pendleton, 
Purkins, Saunders, Robert G. Scott, William Smith, Stanard, Tredway, 
Trigg, Wallace, White, Ira Williams, Samuel C. Williams, Wise, Wysor 
—48. 

Noes —Messrs. Armstrong, Arthur, Banks, Barbour, Bird, Blue, Brax¬ 
ton, Camden, Carlile, Chambliss, Chilton, Claiborne, Cocke, Conway, 
Edwards, Ferguson, Flood, Floyd, Fultz, Gaily, Muscoe Garnett, Hall, 
Hays, Hopkins, Hunter, Jacob, Jasper, Johnson, Knote, Letcher, Lynch, 
McCandlish, William Martin, Miller, Murphy, Petty, Price, Randolph, 
Ridley, Rives, Scoggin, F. W. Scott, Robert E. Scott, Seymour, Shell, 
Sheffey, Arthur R. Smith, Benjamin H Smith, James Smith, Joseph 
Smith, Snodgrass, Southall, Stephenson, Stewart, Straughan, Strother, 
Stuart, Summers, Tate, Taylor, Tunis, Turnbull, Van Winkle, Samuel 
Watts, William Watts, Whittle, Wingfield, Woolfolk, Worsham—69. 

Mr. Hoge submitted a motion indefinitely to postpone the report and 
amendments. 

Subsequently he asked to withdraw the motion, but objection was made, 
and a motion submitted that he have leave to withdraw his motion. 

Pending the consideration of this last motion, the Convention, on motion 
of Mr. Strother, adjourned. 

Thursday, July 24, 1851. 

The Convention met pursuant to adjournment, and, on motion of 
Mr. Miller, the reading of the journal was dispensed with. 

Mr. Carter, of Loudoun, presented a petition signed by citizens of 
the county of Loudoun, praying for some constitutional prohibition 
upon imprisonment for debt, which, on his motion, was ordered to be 
laid upon the table. 

Mr. Randolph gave notice that, on Saturday next, he would move 
to suspend the 8th rule, and reconsider the vote of the Convention, 
agreeing to the report of the committee of the whole upon the basis of 
representation, as amended. 

Mr. Wise submitted a motion that the rule, requiring one day’s no¬ 
tice before moving a suspension of the 8th rule, be suspended. 



375 

V I W • 

Mr. Stanard submitted a motion that the said motion be laid upon 
the table; and the motion was decided in the negative. 

The question recurring upon the motion of Mr. Wise, he demanded 
the main question, which was ordered, and the motion rejected—ayes 
47, noes 71. 

On motion of Mr. Stanard, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, M. Bird, Bland, Brown, Camden, 1). Car¬ 
ter, John A. Carter, Chapman, Faulkner, Fisher, Floyd, Fulkerson, 
Fultz, Gaily, Muscoe Garnett, Hays, Hoge, Hunter, Jacob, Johnson, 
Kenney, Kilgore, Lionberger, Lucas, McCamant, McComas, Jeff’n T. 
Martin, Moore, Murphy, Newman, Pendleton, Price, Rives, Saunders, 
Shelley, Benjamin H. Smith, Joseph Smith, William Smith, Snod¬ 
grass, Stephenson, James E. Stewart, Summers, Tate, Trigg, White, 
Samuel C. Williams, Wise—47. 

Noes —Messrs. Banks, Barbour, Blue, Bocock, Bowden, Bowles, 
Braxton, Burgess, R. E. Byrd, Chambers, Chambliss, Chilton, Clai¬ 
borne, Cocke, Conway, Cox, Davis, Douglas,Edwards, Ferguson, Fin¬ 
ney, Flood, Fuqua, Garland,M. R. H. Garnett, Goole, Hall, Hill. Hop¬ 
kins, Jasper, Jones, Knote,Leake,Ligon, Lynch, McCandlish, William 
Martin, Meredith, Miller, Morris, Neeson, Petty, Purkins, Randolph, 
Ridley, Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, 
Shell, Sloan, Arthur R. Smith, James Smith, Snowden, Southall, 
Stanard, Straughan, Strother, Archibald Stuart, Taylor, Tredway, Tu¬ 
nis, Turnbull, Wallace, Samuel Watts, Whittle, Ira Williams, Wing¬ 
field, Woolfolk, Worsham, Wise—71. 

Mr. Southall presented a communication signed by citizens of the 
Albemarle Convention District, conveying instructions to Jefferson T. 
Randolph, Esq., one of the delegates from that district, in relation to 
the basis of representation. 

On motion of Mr. Southall, 

Ordered, That the said communication be laid upon the table. 

Mr. Armstrong submitted a motion that when the Convention ad¬ 
journ this day, it adjourn to meet on Saturday next. 

Upon this motion, Mr. Pendleton demanded the main question, 
which was ordered, and the motion rejected—ayes 44, noes 72. 

On motion of Mr, Ridley, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, M. Bird, Bland, Blue, Bowden, Brown* 
Camden, Dale Carter, John A. Carter, Chapman, Ferguson, Fisher, 
Floyd, Fulkerson, Fultz, Gaily, Hoge, Jacob, Kenney, Kilgore, 
Letcher, Lionberger, McCamant, McCandlish, McComas, J. T. Martin, 
Moore, Murphy, Pendleton, Price, Sheffey, Benjamin H. Smith, Jo¬ 
seph Smith, William Smith, Snodgrass, Stephenson, James E. Stew¬ 
art, Summers, Tate, Yan Winkle, White, Samuel C. Williams, Wise, 
Wysor—44. 

Noes —Messrs. Arthur, Banks, Barbour, Bocock, Bowles, Braxton, 
Burgess, R. E. Byrd, Chambers, Chambliss,Claiborne, Cocke, Conway, 
Cox, Davis, Douglas, Edwards, Faulkner, Finney, Flood, Fuqua, 
Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hays, 
Hill, Hopkins, Jasper, Johnson, Jones, Leake, Ligon, Lynch, William 
Martin, Meredith, Miller, Morris, Neeson, Newman, Petty, Purkins, 
Randolph, Ridley, Rives, Saunders, Scoggin, Francis W. Scott, Rob¬ 
ert E. Scott, Robert G. Scott, Seymour, Shell, Arthur R. Smith, Jas. 



376 


<* 


Smith, Snowden, Southall, Stanard, Straughan, Strother, Archibald 
Stuart, Taylor, Tredway, Trigg, Tunis, Turnbull, Wallace, Samuel 
Watts, Ira Williams, Wingfield. Woolfolk, Worsham—72. 

The President stated the pending question to be upon granting 
leave to Mr. Hoge to withdraw a motion yesterday made by him, inde¬ 
finitely to postpone the report of the judiciary committee. 

The said question being submitted, was decided in the affirmative. 

The Convention then passed to the consideration of the said report, 
with the amendment thereto of Mr. Smith, of Kanawha. 

The 6th and 7th sections of the said amendment were, upon mo¬ 
tions put, agreed to. 

Mr. Taylor gave notice that he would move to suspend the 8th 
rule, and reconsider the vote of yesterday, refusing to adopt a resolu¬ 
tion of Mr. Wise, proposing to require the legislature to divide the 
state into judicial districts and circuits. 

In the 8th section of the amendment, and 2d line, Mr. Hill moved 
to amend by striking out the word “ Campbell,” and the motion was 
rejected. 

Mr. Fuq.ua moved to amend the same section by striking therefrom 
the word “ Halifax.” 

Upon this motion Mr. Conway called the previous question, which 
was sustained, and the amendment, rejected. 

The 8th section of the amendment was then agreed to, as were the 
9th and 10th, upon motions respectively made. 

On motion of Mr. Conway, the 11th section was amended by stri¬ 
king therefrom all after Northampton, and inserting in lieu thereof the 
following: 

“ The judge whereof shall receive a salary of dollars per 

year.” 

On motion of Mr. Wise, 

Ordered, That the blank in the said amendment be filled with the 
words “ fifteen hundred.” 

Mr. Conway moved to amend the report further by inserting the 
following new section after the last: 

“ The second circuit shall be composed of the counties of Elizabeth 
City, Warwick, York, Gloucester, Matthews, Middlesex, New Kent, 
Charles City, James City, and the city of Williamsr urg. 

Mr. Douglas moved to amend the amendment, by inserting after 
the words “ Charles City,” the words “ King William and Henrico.” 

Mr. Stanard demanded a division of the question, and it was first 
propounded upon inserting the words 11 King William,” and was de¬ 
cided in the negative—ayes 38, noes 61. 

On motion of Mr. Braxton, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Barbour, Bowden, Brown, Camden, 
Cocke, Conway, Douglas, Ferguson, Fisher, Floyd, Fultz, Gaily, 
Muscoe R. H. Garnett, Muscoo Garnett, Hall, Hays, Hopkins, Jasper, 
Johnson, Letcher, McCamant, McComas, J. T. Martin, Morris, Nee- 
son, Pendleton, Price, Purkins, F. W. Scott, Arthur ti. Smith, Wil¬ 
liam Smith, Stephenson, James E. Stewart, Straughan, Archibald Stu¬ 
art, Tate, Wallace—38. 

Noes —Messrs. Banks, Mark Bird, Bland, Blue, Bocock, Botts, 
Bowles, Braxton, Burgess, Carlile, John A. Carter, Chambliss, Chap- 


377 


man, Cox, Davis, Edwards, Flood, Fulkerson, Garland, Goode, Hun¬ 
ter, Jacob, Jones, Kenney, Kilgore, Leake, Ligon, Lucas, Lyons, 
McCandlish, Meredith, Newman, Petty, Ridley, Saunders, Scoggin, 
Robert E. Scott, Robert G. Scott, Seymour, Shell. Sheffey, Sloan, B. 
H. Smith, Snodgrass, Snowden, Southall, Stanard, Strother, Sum¬ 
mers, Taylor, Tredway, Trigg, Tunis, Turnbull, Samuel Watts, 
Whittle, Samuel C. Williams, Wingfield, Woolfolk, Worsham, Wy- 
sor—61. 

The vote was then taken upon inserting the word “ Henrico,” and 
was given in the affirmative—ayes 98, noes 6. 

On motion of Mr. Braxton, the same was recorded as follows: 

Ayes— Messrs. Armstrong, Banks, Barbour, Mark Bird, Bland, Blue, 
Bocock, Botts, Bowden, Bowies, Braxton, Brown, Burgess, Richard 
E. Byrd, Camden, Carlile, John A. Carter, Chambliss, Claiborne, 
Conway, Cox, Edwards, Ferguson, Fisher, Flood, Floyd, Fulker¬ 
son, Fultz, Gaily, Garland, Muscoe R. H. Garnett, Muscoe Gar¬ 
nett, Goode, Hall, Hays, Hill, Hoge, Hopkins, Hunter, Jacob, Jasper, 
Johnson, Kenney, Kilgore, Letcher, Ligon, Lucas, Lyons, McCamant, 
McCandlish, Jefferson T. Martin, William Martin, Meredith, Morris, 
Murphy, Neeson, Newman, Pendleton, Petty, Price, Purkins, Ridley, 
Saunders, Scoggin, Francis W. Scott, Robert E. Scott, Rob’t G. Scott, 
Seymour, Shell, Sheffey, Sloan, Benjamin H. Smith, James Smith, 
Snodgrass, Snowden, Southall, Stanard, Stephenson, James E. Stew¬ 
art, Straughan, Archibald Stuart, Summers, Taylor, Tredway, Trigg, 
Tunis, Turnbull, Van Winkle, Wallace, Samuel Watts, White, Whit¬ 
tle, Ira Williams, Samuel C. Williams, Wingfield, Wise, Worsham, 
Wysor—98. 

Noes— Messrs. Dale Carter, Cocke, Davis, Jones, Leake, Strother 
— 6 . 

The amendment as amended was then agreed to. 

On motion of Mr. Stanard, the 12th section was amended by strik¬ 
ing out the words “ the county of Henrico and ”. 

Mr. M. R. H. Garnett moved to amend the 11th section by striking 
out the word “ Middlesex,” and the motion was rejected. 

The 13th, 14th, 15th, and 16th sections of the amendment were, 
then, upon motions respectively put, agreed to by the Convention. 

The 17th section was amended, on motion of Mr. Kenney, by strik¬ 
ing out the word “ Highland ”. 

The 18th section was amended, likewise, on motion of Mr. Ken¬ 
ney, by inserting the word “ Highland,” after the word “ Pendleton”. 

The 19th and 20th sections were then agreed to. 

On motion of Mr. Ferguson, the 21st section was amended, by strik¬ 
ing out all after the word “ of ” in the 2d line, and inserting the 
following: ct Monroe, Greenbrier, Pocahontas, Alleghany, Botetout, 
Roanoke, and Craig.” 

The 22d section was amended, on motion of Mr. Ferguson, by 
striking therefrom all after the word “ of ” in the second line, and in¬ 
serting the following : “ Giles, Mercer, Wyoming, Logan, Boone, 
Fayette and Nicholas.” 

On motion of Mr. Ferguson, the 23d section was amended, by strik¬ 
ing out all of it, after the word “ of,” in the 2d line, and inserting the 
following : “ Grayson, Carroll, Wythe, Floyd, Pulaski, and Montgo¬ 
mery.” 48 


378 


The 24th, 25th and 26th sections were then respectfully agreed to, 

Mr. Ferguson moved to amend the 27th section by inserting after 
the word “ Dodridge,” the word “ Tyler/’ and the motion was reject¬ 
ed. 

Mr. Martin, of Marshall, moved to strike out from the 28th section, 
the word il Mononghalia,” and the motion was rejected. 

The 29th and 30th sections of the amendment were then agreed to. 

On motion of Mr. Taylor, the report was amended in the 2d sec¬ 
tion, 2d line, by inserting after the word “ circuits,” the following : 
u except the first district of the second section, which shall be divided 
into three circuits.” 

Mr. Chambliss moved to suspend the rule requiring one day’s no¬ 
tice of an intention to suspend the 8th rule, so as to enable him to 
move a reconsideration of the vote refusingto add the county of King 
William to the second circuit. 

The Convention refused to suspend the rule for the purpose indi¬ 
cated. 

On motion of Mr. Bocock, the said rule was suspended, and Mr. 
Letcher moved a suspension of the 8th rule, and a reconsideration 
of the vote adopting an amendment of Mr. Botts to the 3d section. 

Upon the motion of Mr. Letcher, Mr. Botts demanded the main 
question, which was ordered, and the Convention agreed to reconsider 
the said vote. 

The question then recurred upon the adoption of the amendment of 
Mr. Botts, and was decided in the negative. 

The 14th section was amended, on motion of Mr. Conway, by in¬ 
serting after the word “ dollars” the following : 

“ Except the salary of the judge of the circuit, which may be com¬ 
posed of the counties of Accomac and Northampton, which shall not 
be less than fifteen hundred dollars.” 

Mr. Taylor waived a notice of an intention to move a suspension 
of the 8th rule, given to-day. 

Mr. Wise moved to suspend the rule, requiring one day’s notice, to 
enable him to move a reconsideration of the vote prescribing restric¬ 
tions upon the age of judges. 

The Convention refused to suspend the rule for the purpose indi¬ 
cated . 

Mr. Woolfolk moved to add the following independent section, to 
be inserted after the 25th section : 

“ Every judge elected under the provisions of this constitution, 
shall take an oath, before he enters upon his office, that he will permit 
no suitor or lawyer to speak to him in respect to any case pending be¬ 
fore him, except in presence of the adverse counsel, or in open court.” 

Upon this amendment Mr. Price demanded the main question, 
which was ordered, and the amendment rejected. 

Mr. Chambers moved to suspend the rule requiring that one day’s 
notice should be given, to enable him to move a reconsideration of the 
vote, agreeing to the 1st and 2d circuits of the first district. 

The Convention refused to suspend the rule for the purpose indi¬ 
cated. 

Mr. Claiborne moved a suspension of the same rule, to enable him 
to move a reconsideration of the vote agreeing to the Greenbrier judi- 


379 


cial cir?uit, but the Convention also refused to suspend the rule for 
that purpose. 

On motion of Mr. Taylor, 

Ordered , That the report under consideration, as amended, be refer¬ 
red to the committee on engrossment and revision. 

On motion of Mr. Straughan, the Convention then adjourned. 

Friday, July 25, 1851. 

The Convention met pursuant to adjournment, and on motion of 
Mr. Flood, the reading of the journal was dispensed with. 

Mr. Brown, from the committee to prepare a schedule to be ap¬ 
pended to the constitution, presented a report, which, upon his motion, 
was ordered to be laid upon the table and printed. 

Mr. Ligon and Mr. Garland each presented communications signed 
by sundry citizens of the Albemarle Convention district, containing 
instructions to Jefferson T. Randolph, Esq., one of the delegates from 
that district, upon the <% compromise of the basis of representation.” 

On motions made respectively by them, the said communications 
were ordered to be laid upon the table. 

Mr. Claiborne moved that the Convention take up and consider 
the report of the commit.ee of the whole, upon the report of the com¬ 
mittee on education. 

Mr. Summers moved to amend the motion, by striking out the same 
and substituting the following : 

“ That the Convention take up and consider the report of the com¬ 
mittee on the apportionment of representation.” 

The said amendment, being submitted to the Convention, was re¬ 
jected—ayes 42, noes 70. 

On motion of Mr. Claiborne, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Banks, Camden, Carlile, Chambers, 
Chambliss, Chilton, Davis, Flood, Fultz, Muscoe Garnett, Hill, Jacob, 
Kenney, Kilgore, Leake, Lyons, McCandlish, McComas, W. Martin, 
Moore, Pendleton, Petty, R. E. Scott, Seymour, Sheffey, Sloan, B. H. 
Smith, lames Smith, Joseph Smith, William Smith, Snowden, South- 
all, Stanard, James E. Stewart, Straughan, Summers, Van Winkle, 
William Watts, Wingfield, Worsham, Wysc r—42. 

Noes —Messrs. Jno. Y. Mason, (Pres’t,) Armstrong, Arthur, Bar¬ 
bour, Mark Bird, Bland, Blue, Bocock, Bowden, Bowles, Braxton, 
Brown, Burgess, R. E.Byrd, Dale Carter, John A. Carter, Chapman, 
Claiborne, Conway, Cox, Douglas, Faulkner, Ferguson, Fulkerson, 
Fuqua,Muscoe R. H. Garnett, Goode, Hays, Hopkins, Hunter, Jasper, 
Johnson, Jones, Knote, Letcher, Ligon Lionberger, Lucas, Lynch, 
McCamant, Jefferson T. Martin, Meredith, Morris, Murphy, Neeson, 
Newman, Purkins, Ridley, Rives, Saunders, Scoggin, Francis W. 
Scott, Robert G. Scott, Shell, Arthur R. Smith, Snodgrass, Stephen¬ 
son, Strother, Archibald Stuart, Tate, Taylor, Turnbull, Wallace, Sa¬ 
muel W'atts, White, Whittle, Ira Williams, Sam’l C. Williams, Wise, 
Woolfolk—70. 

The Convention then agreed to the motion of Mr. Claiborne. 

The question was then stated by the President to be upon the 
amendment of Mr. Floyd, to an amendment offered by Mr. Carlile, 
to the 2d recommendation of the committee of the whole. 



380 


Mr. Letcher demanded a division of the question, and it was pro¬ 
pounded upon each of the sections of Mr. Floyd’s amendment sepa¬ 
rately, and each was decided in the negative. 

So the amendment to the amendment was rejected. 

Mr. Purkins moved to amend the amendment of Mr. Carlile, by 
substituting for it the following : 

“ 1. Knowledge and learning, generally diffused through a commu¬ 
nity, are essential to the preservation of a free government. 

“2. The legislature shall cause each county, city and town to be 
laid off into districts of convenient size, and shall by law enable the 
heads of families and tax payers within such districts to elect to have 
common and primary free schools ; shall provide for the election of 
commissioners for the same ; and shall enable said districts to lay and 
collect taxes, under proper limitations, in such mode as they for them¬ 
selves may adopt for the support of such schools ; but no tax shall be 
levied by the legislature to support any system or systems of schools, 
except the moiety of the capitation tax, required to be imposed by this 
constitution. 

“ 3. The literary fund and its accruing interest, together with any in¬ 
crease thereof from any source, shall be held sacred and applied, as in 
the existing mode of distribution amongst the several counties of the 
state, for the purposes of primary education. 

“ 4. No loan from the literary fund shall be cancelled by the legisla¬ 
ture ; but the legislature may provide by law for the security of such 
loan, and the collection of interest thereon.” 

Mr. Taylor demanded a division, and the question was first pro¬ 
pounded upon striking out the amendment of Mr. Carlile, and deci¬ 
ded in the affirmative. 

The question recurring upon the insertion of the amendment of Mr. 
Purkins, Mr. Carlile moved the indefinite postponement of the report 
and the amendment, and the motion was rejected—ayes 39, noes 72. 

On motion of Mr. Williams, of Shenandoah, the vote was recorded 
as follows : 

Ayes —Messrs. Arthur, Banks, Beale, Bocock, Braxton, Carlile, 
Dale Carter, Chambers, Chambliss, Claiborne, Cocke, Conway, Cox, 
Flood, Fuqua, Muscoe R. H. Garnett, Goode, Hill, Jones, Kenney, 
Leake, Lynch, Lyons, Wm. Martin, Pendleton, Petty, Ridley, Saun¬ 
ders, Scoggin, Robert E. Scott, Shell, Sloan, James Smith, Southall, 
Archibald Stuart, Trigg, Turnbull, Ira Williams, Wingfield, Wor¬ 
sham—39. 

Noes— Messrs. Anderson, Armstrong, Barbour, Mark Bird, Bland, 
Blue. Botts, Bowden, Bowles, Burgess, Richard E. Byrd, Camden, 
John A. Carter, Davis, Douglas, Edwards, Faulkner, Ferguson, Fin¬ 
ney, Floyd, Fulkerson, Fultz, Gaily, Garland, Muscoe Garnett, Hays, 
Hoge, Hopkins, Jacob, Jasper, Johnson, Kilgore, Knote, Letcher, Li- 
gon, Lionberger, Lucas, McCamant, McCandlish, Jefferson T. Martin, 
Meredith, Miller, Moore, Murphy, Neeson, Newman, Purkins, Francis 
W. Scott, Robert G. Scott, Seymour, Sheffey, Arthur R. Smith, Benj. 
H. Smith, Joseph Smith, Wm. Smith, Snodgrass, Snowden, Stephen¬ 
son, Jas. E. Stewart, Straughan, Summers, Tate, Taylor, Van Win- 
kb, Wallace, Samuel Watts, William Watts, White, Whittle, Samuel 
C. Williams, Wise, Wysor—72. 


381 


The question recurring upon the amendment of Mr. Purkins, Mr. 
Van Winkle demanded a division of the question, and the vote was 
taken separately upon the four sections, and each one rejected. 

Mr. Botts moved to amend the report of the committee, by substi¬ 
tuting for it the following : 

“ The legislature shall provide, by law, for a general system of pri¬ 
mary education, upon such plan or plans as may from time to time 
seem expedient, and all the sources of increase, now provided by law 
for the augmentation of the literary fund, shall be continued, and the 
revenue arising from the said fund shall be hereafter applied, exclu¬ 
sively, to the purposes of primary education ; but the legislature shall 
have no power to impose any general tax for such purpose, other than 
that provided for in this constitution.’’ 

Mr. Ferguson moved to amend the amendment, by substituting 
therefor the following : 

i( 1. The permanent capital of the literary fund shall be held sacred 
and inviolate, and the proceeds thereof shall be applied exclusively to 
the purpose of education in primary and free schools. 

“ 2. The general assembly shall provide by law, for the division of 
the counties of this Commonwealth into school districts, with privi¬ 
lege to the qualified voters therein, to adopt such system of primary or 
free school, as a majority of three-fifths of them shall desire : 

“Provided, That a moiety of all taxes, for the support of such 
schools, shall be levied per capita upon the qualified voters of the dis¬ 
tricts, and the other moiety by an ad valorem tax, upon the property 
therein, taxed for the support of government.” 

The question being stated upon the said amendment, Mr. Wise de¬ 
manded a division of the question, and it was first put upon striking 
out the amendment of Mr. Botts, and decided in the affirmative—ayes 
65, Noes 33. 

On motion of Mr. Smith, of Greenbrier, the vote was recorded as 
follows : 

Ayes— Messrs. Armstrong, Banks, Barbour, M. Bird, Blue, Bowles, 
Braxton, Burgess, Camden, Carlile, D. Carter, J. A. Carter, Chambers, 
Chambliss, Chilton, Claiborne, Cocke, Conway, Cox, Davis, Doug¬ 
las, Edwards, Ferguson, Flood, Fuqua, Gaily, Garland, Muscoe R. 
H. Garnett, Goode, Hill, Hunter, Jasper, Jones, Kenney, Kilgore, 
Leake, Lionberger, McCandlish, Morris, Neeson, Newman, Ridley, 
Saunders, Scoggin, Francis W. Scott, Shell, Sloan, Arthur R. Smith, 
James Smith, William Smith, Snodgrass, Snowden, Southall, Archi¬ 
bald Stuart, Taylor, Trigg, Tunis, Turnbull, Samuel Watts, William 
Watts, Ira Williams, S. C. Williams, Wise, Woolfolk, Worsham—65. 

Noes— Messrs. Anderson, Botts, Brown, Faulkner, Finney, Floyd, 
Fulkerson, Fultz, Muscoe Garnett, Hays, Hoge, Hopkins. Johnson, 
Knote, Letcher, Lucas, Lyons, McCamant, Jelferson T. Martin, Moore, 
Pendleton, Purkins, ShefFey, Joseph Smith, Stephenson, James E. 
Stewart, Straughan, Summers, Tate, Van Winkle, Wallace, White—32. 

The question recurring upon the amendment of Mr. Fekguson, Mr. 
Edwards demanded a division, and the question was first put upon 
agreeing to the first section of Mr. Ferguson’s amendment, and de¬ 
cided in the affirmative—ayes 64, noes 33. 

On motion of Mr. Wise, the vote was recorded as follows: 


382 


Ayes —Messrs. Anderson, Armstrong, Mark Bird, Blue, Botts, Bow¬ 
den, Brown, Camden, Carlile, John A. Carter, Chilton, Davis, Ed¬ 
wards, Ferguson, Finney, Floyd, Fulkerson, Fultz, Gilly, Garland, 
Muscoe Garnett, Hays, Hill, Hoge, Hopkins, Hunter, Jasper, Johnson, 
Kenney, Kilgore, Knote, Letcher, Ligon, Lionberger, Lucas, McCa- 
mant, Jefferson T. Martin, Murphy, Neeson, Newman, Pendleton, 
Purkins, Scoggin, Francis W. Scott, Shell, Sheffey, Sloan, Jas. Smith, 
Joseph Smith, William Smith, Snodgrass, Snowden, Stephenson, Jas. 
E. Stewart, Straughan, Tate, Trigg, Van Winkle, Samuel Watts, 
White, Samuel C. Williams, Wise, Woolfolk, Wysor—64. 

Noes —Messrs. Banks, Barbour, Bocock, Bowles, Braxton, Burgess, 
Dale Carter, Chambers, Chambliss, Claiborne, Cocke, Conway, Cox, 
Douglas, Flood, Fuqua, Muscoe R, H. Garnett, Goode, Jones, Leake, 
Lyons, Ridley, Saunders, Arthur R. Smith, Southall, Archibald Stuart, 
Taylor, Turnbull, Wallace, William Watts, Ira Williams, Wingfield, 
Worsham—33. 

The question was then put upon agreeing to Mr. Ferguson’s se¬ 
cond section, and decided in the negative—ayes 16, noes 73. 

On motion of Mr. Wise, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Mark Bird, John A. Carter, Ferguson, 
Finney, Floyd, Fultz, Hays, Lionberger, Jefferson T. Martin,Stephen¬ 
son, Taylor, Tunis, Van Winkle, Samuel C. Williams, Wise —16. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Banks, Bar¬ 
bour, Beale, Blue, Bowles, Braxton, Burgess, Camden, Carlile, Dale 
Carter, Chambers, Chambliss, Chilton, Claiborne, Cocke, Conway, 
Cox, Davis, Douglas, Edwards, Flood, Fulkerson, Fuqua, Gaily Gar¬ 
land, Muscoe R. H. Garnett, Muscoe Garnett, Hilt, Hoge, Hopkins, 
Hunter, Jacob, Jasper, Johnson, Jones, Kenney, Kilgore, Knote,Leake, 
Letcher, Ligon, Lucas, Lynch, Lyons, McCamant, Meredith, Morris y 
Neeson, Newman, Pendleton, Ridley, Saunders, Scoggin, Francis W. 
Scott, Shell, Sheffey, Sloan, Arthur R. Smith, James Smith, Joseph 
Smith, Snodgrass, Southall, James E. Stewart, Straughan, Trigg, 
Turnbull, Samuel Watts, William Watts, White, Wingfield, Wor¬ 
sham—73. 

Mr. Ferguson then moved to amend the amendment just adopted, 
the 2d section of his amendment, without the “proviso ” thereto. 

The said motion being submitted to the Convention, was rejected— 
ayes 22, noes 71. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. Mark Bird, John A. Carter, Ferguson, Finney, 
Fultz, Hays, Jacob, Jasper, Knote, Lionberger, Jefferson T. Martin, 
Newman, Joseph Smith, Wm. Smith, Snodgrass, Snowden, Stephen¬ 
son, Taylor, Van Winkle, White, Samuel C. Williams, Wise—22. 

Noes —Messrs. John Y. Mason, (Pres’t,) Anderson, Armstrong, 
Banks, Beale, Blue, Bocock, Bowles, Braxton, Brown, Burgess, Cam¬ 
den, Dale Carter, Chambers, Chambliss, Chilton, Claiborne, Cocke, 
Conway, Cox, Davis, Douglas, Flood, Floyd, Fulkerson, Gaily, Gar¬ 
land, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hill, Hoge, Hop¬ 
kins, Hunter, Johnson, Jones, Kenney, Kilgore, Leake, Letcher, Li¬ 
gon, Lucas, Lynch, Lyons, McCamant, Moore, Neeson, Pendleton, 
Petty, Ridley, Saunders, Scoggin, Francis W. Scott, Shell, Sheffey, 
Sloan, Arthur R. Smith, Benjamin H. Smith, James Smith, Southall, 


383 


Jas. E. Stewart, Straughan, Summers, Trigg, Turnbull, Wallace, 
Samuel Watts, William Watts, Whittle, Wingfield, Worsham—71. 

Mr. Wise moved to amend the amendment, as amended, by adding 
after it, as an independent section, the following: 

“ All lands and other property, which have been, or may hereafter 
be given, granted or bequeathed to the State, to counties, cities, towns, 
colleges, academies, schools, school districts, individuals, or communi¬ 
ties, for the purpose of education or the promotion of the arts and scien¬ 
ces, and the proceeds thereof, shall be consecrated, held, invested, and 
applied tor such objects, and in accordance with such gifts, grants, or 
bequests, and for no other purpose.” 

The said amendment being submitted to the Convention, was a- 
dopted. 

Mr. Chambliss moved to amend the amendment, by adding to the 
end of the first section thereof, the following : 

“ Provided, The legislature shall not be compelled to withdraw an 
annual appropriation from the University of Virginia, upon the condi¬ 
tions now imposed by law.” 

Pending the consideration of the said amendment, Mr. Barbour 
moved that the report and amendments be indefinitely postponed ; and 
upon this motion, Mr. Muscoe Garnett demanded the main question; 
which was ordered, and the motion rejected—ayes 52, noes 54. 

On motion of Mr. Muscoe Garnett, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs, John Y. Mason, (Pres’t,) Banks, Barbour, Beale, 
Bocock, Bowles, Braxton, Brown, Dale Carter, Chambliss, Chil¬ 
ton, Cock, Conway, Cox, Douglas, Flood, Garland, Muscoe R. H. 
H. Garnett, Goode, Hill, Hunter, Jones, Leake, Ligon, Lucas, Lynch, 
Lyons, Morris, Newman, Pendleton, Petty, Ridley, Rives, Saunders, 
Francis W. Scott, Robert G. Scott, Shell, Sloan, Arthur R. Smith, 
Benjamin H. Smith, James Smith, Southall, Stanard, Archibald Stu¬ 
art, Trigg, Turnbull, Samuel Watts, Whittle, Ira Williams, Wingfield, 
Woolfolk, Worsham—52. 

Noes —Messrs.'Anderson, Armstrong, Mark Bird, Bland, Camden, 
Carlile, John A. Carter, Chambers, Davis, Edwards, Faulkner, Fer¬ 
guson, Finney, Floyd, Fulkerson, Fultz, Gaily, Muscoe Garnett, 
Hays, Hoge, Hopkins, Jacob, Jasper, Johnson, Kenney, Knote, Lion- 
berger, McCamant, McCandlish, Jefferson T. Martin, Meredith, Moore, 
Murphy, Neeson, Purkins, Scoggin, Sheffey, Joseph Smith, William 
Smith, Snodgrass, Snowden, Stephenson, Jas. E. Stewart, Straughan, 
Summers, Tate, Taylor, Van Winkle, Wallace, William Watts, White, 
Samuel C. Williams, Wise, Wysor—54. 

The question recurred upon the amendment of Mr. Chambliss, and 
upon this Mr. Finney demanded the main question, but before it was 
seconded, 

Mr. Conway moved that the Convention do adjourn, and the motion 
was rejected. 

The main question was then ordered, and the amendment of Mr. 
Chambliss adopted—ayes 62, noes 43. 

On motion of Mr. Wise, the vote was recorded as follows : 

Ayes —Messrs. J. Y. Mason, (Pres’t,) Anderson, Banks, Barbour, 
Beale, Bocock, Bowles, Braxton, Caperton, D. Carter, Chambers, Cham- 


m 


bliss, Chilton, Cocke, Conway, Cox, Davis, Faulkner, Finney, Gar¬ 
land, MuscoeR. H. Garnett, Goode, Hill, Hunter, Jacob, Jones, Leake, 
Ligon, Lucas, Lynch, Lyons, McCandlish, Meredith, Moore, Morris, 
IVewman, Petty, Purkins, Ridley, Saunders, Francis W. Scott, Robert 
G. Scott, Shell, Sheffey, Arthur R. Smith, Benjamin H. Smith, James 
Smith, Southall, Stanard, Archibald Stuart, Summers, Taylor, Trigg, 
William Watts, White, Whittle, Ira Williams, Wingfield, Wise, Wool- 
folk, Worsham—62. 

Noes— Messrs. Armstrong, Mark Bird, Bland, Brown, Camden, 
Carlile, John A. Carter, Edwards, Ferguson, Flood, Floyd, Fulker¬ 
son, Fultz, Gaily, Muscoe Garnett, Hoge, Jasper, Johnson, Kenney, 
Kilgore, Knote, Lionberger, McCamant, Jefferson T. Martin, Murphy, 
Neeson, Pendleton, Rives, Scoggin, Sloan, Joseph Smith, William 
Smith, Snodgrass, Snowden, Stephenson, J. E. Stewart, Straughan, 
Tate, Turnbull, Van Winkle, Wallace, S. C. Williams, Wysor—43. 

Mr. Carlile then submitted a motion that the report and amend¬ 
ments be indefinitely postponed, and upon this Mr. Conway de¬ 
manded the main question, which was ordered, and the motion agreed 
to—ayes 63, noes 46. 

On motion of Mr. Straughan, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Blue, Bocock, Bowles, Braxton, Brown, Carlile, Dale Carter, 
Chambers, Chambliss, Chapman, Chilton, Cocke, Conway, Douglas, 
Flood, Fuqua, Garland, Muscoe R. H. Garnett, Goode, Hill, Hoge, 
Hunter, Jones, Kenney, Kilgore, Leake, Ligon, Lucas, Lynch, Lyons, 
McCamant, William Martin, Morris, Newman, Pendleton, Petty, Rid¬ 
ley, Rives, Saunders, Francis W. Scott, Robert E. Scott, Robert G. 
Scott, Sloan, Arthur R. Smith, Benjamin H. Smith, James Smith, 
Southall, Stanard, Strother, Archibald Stuart, Trigg, Turnbull, Whit¬ 
tle, Ira Williams, Wingfield, Woolfolk, Worsham, Wysor—63. 

Noes —Messrs. Anderson, Armstrong, Mark Bird, Camden, John A. 
Carter, Davis, Edwards, Faulkner, Ferguson, Finney, Floyd, Fulker¬ 
son, Fultz, Gaily, Muscoe Garnett, Hays, Jacob,* Jasper, Johnson, 
Knote, Lionberger, McCandlish, J. T. Martin, Meredith, Moore, Mur¬ 
phy, Neeson, Purkins, Scoggin, Sheffey, Joseph Smith, Snodgrass, 
Snowden, Stanard, Stephenson, J. E. Stewart, Straughan, Summers, 
Tate. Taylor, Tunis, Van Winkle, Wallace, Watts, S. C. Williams, 
Wise—46. 

On motion of Mr. Bocock, the Convention then adjourned. 


Saturday, July 26, 1851. 

The Convention met pursuant to adjournment, and, 

On motion of Mr. Pendleton, the reading of the journal was dis¬ 
pensed with. 

On motion of Mr. Muscoe Garnett, the Convention agreed to take 
up and consider a resolution submitted by him on the 23d inst., in re¬ 
lation to a claim of Wm. Booth. 

The said resolution was then anopted. M 

Mr. Faulkner submitted the following resolution, which was adop¬ 
ted by the Convention: 

Resolved , That the committee on revision be, and they are hereby, 



385 


instructed, to incorporate into the draft of the Constitution, under its 
appropriate head, the following section : 

The justices of the peace, sheriffs, clerks, attorneys for the Com¬ 
monwealth, and all other county officers, shall be subject to indict¬ 
ment for mal-feasance, or mis-feasance, or neglect of their official duty, 
and, upon conviction thereof, their offices shall become vacant: And 
the legislature may declare the cases, in which any office shall be 
deemed vacant, where no provision is made for that purpose in this 
Constitution. 

Mr. Randolph submitted a motion, according to notice, to suspend 
the 8th rule, and reconsider the vote of the 21st of May last, by which 
the Convention agreed to the report of the committee of the whole 
upon the basis of representation, as amended by the Convention. 

Mr. Taylor moved to lay the said motion upon the table. After¬ 
wards he asked leave to withdraw the motion, but Mr. Pendleton ob¬ 
jecting, Mr. Hays moved that the Convention grant the leave desired ; 
but, before the question was taken, Mr. Pendleton withdrew his ob¬ 
jection, an 1 by leave of the Convention, Mr. Taylor withdrew his 
motion. 

After some time, Mr. Botts moved that the said motion be laid upon 
the table, and the motion was decided in the affirmative—ayes 67, noes 
58. 

On motion of Mr. Claiborne, the vote was recorded as follows : 

' Ayes —Messrs. Anderson, Armstrong, Mark Bird, Bland, Blue, 
Botts, Bowden, Brown, Richard E. Byrd, Camden, Carlile, Dale Car¬ 
ter, John A. Carter, Chapman, Chilton, Claiborne, Faulkner, Fergu¬ 
son, Finney, Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, Hoge, 
Hunter, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lionber- 
ger, Lucas, McCamant, McComas, Jefferson T. Martin, William Mar¬ 
tin, Miller, Moore, Murphy, Neeson, Newman,"Pendleton, Petty, Sey¬ 
mour, Sheffey, Sloan, Benjamin H. Smith, Joseph Smith, Wm. Smith, 
Snodgrass, Stephenson, James E. Stewart, Archibald Stuart, Summers, 
Tate, Taylor, Trigg, Tunis, Yan Winkle, William Watts, White, 
Samuel C. Williams, Wise, Wysor—67. 

Noes— Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Bocock, Bowles, Braxton, Burgess, Chambers, Chambliss, 
Cocke, Conway, Cox, Davis, Douglas, Edwards, Flood, Fuqua, Gar¬ 
land, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hill, Hopkins, 
Jasper, Jones, Leake, Ligon, Lynch, McCandlish, Meredith, Morris, 
Purkins, Randolph, Ridley, Rives, Saunders, Scoggin, F. W. Scott, 
Robert E. Scott, Robert G. Scott, Shell, Arthur R. Smith, Jas. Smith, 
Snowden, Southall, Stanard, Straughan, Strother, Turnbull, Wallace, 
S. Watts, Whittle, I. Williams, Wingfield, Wool folk, Worsham—58. 

Mr. Miller submitted the following resolution : 

“ Resolved , That the committee on revision be instructed to strike 
out from the 6th line of the 14th section, of the report of the judiciary 
committee, the sum of two thousand dollars, and insert fifteen hundred 
dollars.” 

Mr. Ferguson moved that the said resolution be indefinitely post¬ 
poned ; and upon this question 

Mr. Pendleton demanded the main question, which was ordered, 
and the motion agreed to—ayes 87, noes 34. 

49 


386 


On motion of Mr. Bird, of Shenandoah, the vote was recorded as 
follows: 

Ayes —Messrs. John Y. Mason, (Pres’t,) Barbour, Beale, Blue, 
Botts, Bowles, Burgess, Caperton, Carlile, John A. Carter, Chambliss, 
Chapman, Chilton, Claiborne, Cocke, (Jonway, Davis, Douglas, Faulk¬ 
ner, Ferguson, Finney, Flood, Floyd, Fultz, Gaily, Garland, Muscoe 
R. H. Garnett, Muscoe Garnett, Goode, Hill, Hunter, Jacob, Jasper, 
Johnson, Jones, Knote, Leake, Letcher, Ligon, Lucas, Lynch, Mc- 
Candlish, JeffersonT. Martin, William Martin, Meredith, Morris, Mur¬ 
phy, Petty, Price, Purkins, Randolph, Ridley, Rives, Saunders, Scog- 
gin, Francis W. Scott, Robert E. Scott, Robert G. Scott, Seymour, 
Shell, Sheffey, Arthur R. Smith, Benjamin H. Smith, James Smith, 
Joseph Smith, William Smith, Southall, Stephenson, Jas. E. Stewart, 
Stroth* r, Archibald Stuart, Summers, Taylor, Tunis, Turnbull, Van 
Winkle, Wallace, Samuel Watts, White, Whittle, In Williams, Sam’l. 
C. Williams, Wingfield, Wise, Woolfolk, Worsham, Wysor—8T. 

Noes —Messrs. Anderson, Armstrong, Arthur, Banks, Mark Bird, 
Bland, Bocock, Braxton, Brown, Richard E. Byrd, Camden, Dale Car¬ 
ter, Chambers, Edwards, Fisher, Fuqua, Hays, Hoge, Hopkins, Ken¬ 
ney, Kilgore, Lionberger, Lyons, McCamant, Miller, Neeson, New¬ 
man, Pendleton, Sloan, Stanard, Straughan, Tate, Trigg, William 
Watts—34. 

Mr. Anderson submitted the following, as instructions to the com¬ 
mittee on revision, for their guidance in dividing the state into judi¬ 
cial sections. 

The first section shall be composed of the following counties, cities 
and towns, viz : 

“ Accomac, Northampton, Princess Anne, Norfolk city, Norfolk coun¬ 
ty, Nansemond, Isle of Wight, Southampton, Creenesville, Surry, Sus¬ 
sex, Prince George, Petersr urg, Dinwiddie, Brunswick, Mecklenburg, 
Lunenburg, Nottoway, Amelia, Chesterfield, Powhatan, Cumberland, 
Buckingham, Appomattox, Prince Edward, Charlotte, and Halifax.’’ 

The second section shall be composed of the following counties, 
cities and towns, viz : 

“ Elizabeth City, Warwick, York, James City, the city of Williams¬ 
burg, New Kent, Charles City, Gloucester, Matthews, Middlesex, 
Henrico, the city of Richmond, Lancaster, Northumberland, Rich¬ 
mond county, Westmoreland, King George, Essex, King and Queen, 
King William, Hanover, Caroline, Spotsylvania, Stafford, Prince Wil¬ 
liam, Fairfax, Alexandria, Loudoun, and Fauquier.” 

The third section shall be composed of the following counties, cities 
and towns, viz : 

u Rappahannock, Culpeper, Madison, Greene, Orange, Louisa, 
Goochland, Fluvanna, Albemarle, Nelson, Amherst, Rockbridge, 
Augusta, Pendleton, Rockingham,Page, Shenandoah, Warren, Hardy, 
Clarke, Frederick, Hampshire, Morgan, Berkeley, and Jefferson.” 

The fourth section shall be composed of the following counties, viz: 

“ Highland,Bath, Botetout, Roanoke, Craig, Alleghany, Pocahontas, 
Greenbrier, Montgomery, Floyd, Monroe, Raleigh, Mercer, Giles, Pu¬ 
laski, Carroll, Wythe, Bedford, Franklin, Patrick, Henry, Pittsylvania, 
Grayson, Smyth, Tazwell, Washington, Russell, Scott, and Lee.” 


The fifth section shall be composed of the following counties, cities 
and towns, viz : 

“ Nicholas, Fayette, Wyoming, Logan, Boone, Wayne, Cabell, Ka¬ 
nawha, Putnam, Mason, Jackson, Wood, Wirt, Ritchie, Pleasants, 
Doddridge, Gilmer, Braxton, Lewis, Upshur, Randolph, Barbour,Pres¬ 
ton, Taylor, Marion, Harrison, Mononghalia, Tyler, Wetzell, Marshall, 
Ohio, including the city of Wheeling, Brooke, and Hancock.” 

Mr. Finney submitted a motion that the said instructions be indefi¬ 
nitely postponed, and upon this motion, he demanded the main ques¬ 
tion, which was ordered, and the motion agreed to. 

On motion of Mr. Summers, 

Ordered. That the report of the committee of the whole, upon the 
basis of representation, as amended by the Convention, be printed for 
the use of members. 

On motion of Mr. Lyons, the Convention agreed to take up and 
consider the report of the committee upon the apportionment of dele¬ 
gates and senators. 

In the first section, 2i line, Mr. Stephenson moved to amend the 
report by striking out the word “ Botetourt.” 

Upon this motion Mr. White demanded the main question, which 
was ordered, and the amendment adopted. 

In the same section, 5th line, after the word “ delegates,” Mr. Let¬ 
cher moved to insert the following : 

“ The counties of Botetourt and Craig shall together elect one dele¬ 
gate.” 

The said amendment being submitted to the Convention was adopt¬ 
ed—ayes 79, noes 17. 

On motion of Mr. Anderson, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Beale, Mark Bird, Bland, Blae, Bocock, Bowden, Bowles, 
Burgess, Camden, Carlile, Chapman, Claiborne, Cocke, Conway, 
Cox, Davis, Douglas, Ferguson, Fisher, Floyd, Fulkerson, Fultz, 
Garland, Muscoe R. H. Garnett, Hays, Hill, Hopkins, Jacob, Jasper, 
Johnson, Jones, Knote, Leake, Letcher, Ligon, Lionberger, Lucas, 
Lynch, McCamant, McCornas, Jefferson T. Martin, William Martin, 
Moore, Murphy, Neeson, Newman, Pendleton, Ridley, Scoggin, Fran¬ 
cis W. Scott, Robert E. Scott, Robert G. Scott, Sheffey, Sloan, Arthur 
li. Smith, Benjamin H. Smith, Snodgrass, Stephenson, James E. 
Stewart, Strother, Archibald Stuart. Summers, Tate, Taylor, Trigg, 
Turnbull, Van Winkle, Wallace, White, Ira Williams, Samuel 0. 
Williams, Wise, Woolfolk, Worsham—79. 

xNoes —Mesers. Anderson, Braxton, Dale Carter, Chambliss, Fuqua, 
Lyons, McCandlish, Meredith, Miller, Petty, Saunders, Stanard, 'Fu¬ 
nis, Samuel Watts, William Watts, Whittle, Wysor—17. 

On motion of Mr. Stephenson, the 1st section was farther amended 
in the 8th line, by inserting after the word “ Hardy,” the word “ High¬ 
land,” and also by striking out the word “ Highland” in the 12th 
line. 

On farther motion of Mr. Stephenson, the same section was amended 
in the 12th line, by inserting after the word “and” the word “ Alle¬ 
ghany,” and also by striking out the words between the 1 ith and 12th 
lines, “ Alleghany and Craig, shall together elect one delegate, the 
counties of. ’ ’ 


388 


Mr. Smith, of Greenbrier, moved to amend the same section in the 
5th line, by striking out the words “ shall jointly elect two delegates,” 
and inserting in lieu thereof the words “ shall, at the first election un¬ 
der the new constitution, each elect one delegate ; at the second, shall 
jointly elect two delegates, and so shall alternate, at every election 
thereafter.” 

Upon this amendment, Mr. Ferguson demanded a division, and the 
question was first put upon striking out the words indicated, and upon 
this Mr. Carlile demanded the main question, which was ordered, 
and the question decided in the affirmative—ayes 52, noes 4T. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Banks, Bar¬ 
bour, Beale, Bland, Blue, Bowden, Bowles, Braxton, Claiborne, Con¬ 
way, Cox, Ferguson, Floyd, Fulkerson, Muscoe R. H. Garnett, Hays, 
Hoge, Hopkins, Jacob, Jasper, Johnson, Knote, Leake, Ligon, Lion- 
berger, Lucas, McCamant, McCandlish, McComas, Jefferson T. Mar¬ 
tin, Moiris, Neeson, Ridley, Scoggin, Francis W. Scott, Robert G. 
Scott, Sloan, Arthur R. Smith, James Smith, Stephenson, Jas. E. 
Stewart, Archibald Stuart, Taylor, Turnbull, William Watts, Ira Wil¬ 
liams, Samuel C. Williams, Wise, Woolfolk, Wysor—52. 

Noes —Messrs. Mark Bird, Brown, Camden, Caperton, Carlile, Dale 
Carter, John A. Carter, Chambers, Chapman, Chilton, Cocke, Davis, 
Edwards, Faulkner, Fultz, Fuqua, Gaily, Hill, Kilgore, Letcher, Ly¬ 
ons, William Martin, Meredith, Moore, Pendleton, Petty, Price, Pur- 
kins, Saunders, Robert E. Scott, Seymour, Shell, Sheffey, Benjamin 
H. Smith, Joseph Smith, Stanard, Straughan,- Strother, Summers, 
Tate, Trigg, Van Winkle, Samuel Watts, White, Whittle, Wingfield, 
Worsham—47. 

Pending the calling of the roll, on motion of Mr. White, Mr. 
Smith, of Greenbrier, was excused from voting. 

The question then recurred upon inserting the amendment of Mr. 
Smith, and was decided in the negative—ayes 46, noes 52. 

On motion of Mr. Ferguson, the vote was recorded as follows: 

Ayes— Messrs. Arthur, Mark Bird, Botts, Brown, Camden, Dale 
Carter, John A. Carter, Chapman, Chilton, Davis, Edwards, Faulk¬ 
ner, Fulkerson, Fultz, Gaily, Garland, Jacob, Kilgore, Knote, Lynch, 
W. Martin, Meredith, Moore, Pendleton, Price, Purkins, Saunders, R. 
E. Scott, Robert G. Scott, Seymour, Shell, Sheffey, Sloan, Benjamin 
H. Smith, Joseph Smith, William Smith, Stanard, James E. Stewart, 
Straughan, Strother, Summers, Tate, Trigg, Van Winkle, Whittle, 
Wingfield—46. 

Noes— Messrs. John Y. Mason, (Pres’t,) Armstrong, Barbour, 
Bland, Blue, Bocock, Bowden, Bowles, Braxton, Carlile, Chambers, 
Claiborne, Cocke, Conway, Cox, Ferguson, Floyd, Muscoe R. H. 
Garnett, Hays, Hill, Hoge, Hopkins, Jasper, Johnson, Kenney, Leake, 
Letcher, Ligon, Lionberger, Lucas, McCamant, McCandlish, McCo¬ 
mas, Jefferson T. Martin, Neeson, Ridley, Scoggin, Francis W. Scott, 
Arthur R. Smith, Southall, Stephenson, Archibald Stuart, Taylor, 
Turnbull, William Watts, White, Ira Williams, Samuel C. Williams, 
W ise, Woolfolk, Worsham, Wysor—52. 

Mr. Ferguson moved farther to amend the report, in the 5th line, 
by striking out the words “ the counties of Greenbrier and Pocahantas 
shall.” 


389 


Mr. Purkins submitted a motion that the Convention do adjourn, 
and the motion was rejected. 

Mr. Price moved that the report and amendment be laid upon the 
table, and the motion was decided in the negative. 

The question then recurred upon the motion of Mr. Ferguson, 
when, 

On motion of Mr. Lyons, the Convention adjourned. 

Monday, July 28, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Dogget, of the iMethodist church. 

On motion of Mr. Pendleton, the reading of the journal was dis¬ 
pensed with. 

Mr. Conway presented a petition signed by the members of the bar 
of Fredericksburg, praying the Convention to impose no restriction of 
age upon the judges of the circuit court now in commission. 

On motion of Mr. Conway, 

Ordered , That the said petition be laid on the table. 

Mr. Scott, of Fauquier, submitted the following resolution. 

Resolved y That the committee of revision be instructed to strike out 
the proviso of the seventh section of the judiciary report, under the 
title of “ court of appeals, which vacates the office of a judge of the 
court of appeals, and of the circuit courts, at the age of seventy years.” 

Upon the said resolution Mr. Wise demanded the main question, 
which was ordered, and the resolution adopted—ayes 59, noes 52. 

On motion of Mr. Letcher, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Barbour, Beale, Bland, 
Bowden, Braxton, Richard E. Byrd, Camden, John A. Carter, Cham¬ 
bers, Chilton, Conway, Davis, Douglas, Ferguson, Fulkerson, Gar¬ 
land, 1VL R. H. Garnett, Muscoe Garnett, Goode, Hopkins, Hunter, 
Jacob, Janney, Jones, Lyons, William Martin, Miller, Morris, Neeson, 
Pendleton, Petty, Saunders, Francis W. Scott, Robert E. Scott, Rob’t 

G. Scott, Seymour, Shell, Sheffey, Sloan, Arthur R. Smith, Benjamin 

H. Smith, James Smith, Joseph Smith, William Smith, Snowden, 
Stanard, Straughan, Strother, A. Stuart, Summers, Taylor, Trigg, 
Samuel Watts, William Watts, Whittle, Wingfield, Wise, Wysor—59. 

Noes— Messrs. Armstrong, Banks, M. Bird., Blue, Bocock, Bowles, 
Brown, Burgess, Carlile, Dale Carter, Chambliss, Chapman, Clai¬ 
borne, Faulkner, Finney, Fisher, Flood, Floyd, Fultz, Fuqua, Gaily, 
Hill, Johnson, Kenney, Kilgore, Knote, Leake, Letcher, Ligon,*Lion- 
berger, Lucas, McCamant, McCandlish, McComas, Jefferson T. Mar¬ 
tin, Meredith, Moore, Murphy, Newman, Purkins, Ridley, Rives, 
Scoggin, Snodgrass, Southall, Stephenson, James E. Stewart, Tate, 
Turnbull, Van Winkle, Samuel C. Williams, Worsham—52. 

Mr. Muscoe Garnett submitted the following resolution : 

Resolved , That the committee on revisal be instructed to insert the 
following provision in the constitution, viz : 

<< No person shall exercise the right of suffrage, who shall not have 
paid for the twelve months next preceding the election at which he of¬ 
fers to vote, either a state, county, or corporation tax, and the legisla¬ 
ture shall pro vide by law for the payment thereof, to such officer as 
may be appointed to receive the same, whether the party shall have 
been assessed with such tax or not.” 



390 


Mr. Ferguson moved indefinitely to postpone the said resolution. 
Pending the consideration of the said motion, 

On motion of Mr. Camden, 

Ordered , That the said resolution be laid upon the table—ayes 62, 
noes 49. 

On motion of Mr. Muscoe Garnett, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. Armstrong, Arthur, Banks, Barbour, Mark Bird, 
Bland, Blue, Bocock, Brown, Richard H. Byrd, Camden, Carlile, 
Chambliss, Chapman, Claiborne, Ferguson, Fisher, Floyd, Fulker¬ 
son, Fultz, Gaily, Garland, Hays, Hill, Hoge, Hopkins, Jacob, John¬ 
son, Kilgore, Knote, Leake, Letcher, Ligon, Lionberger, McCamant, 
McCandlish, McComas, J. T. Martin, W. Martin, Miller, Murphy, Nee- 
son, Newman, Purkins, ShefFey, Sloan, A. R. Smith, B. H. Smith, Jos. 
Smith, William Smith, Snodgrass, Stephenson, Jas. E. Stewart, Archi¬ 
bald Stuart, Summers, Tate, Trigg, Van Winkle, Wallace, Samuel C. 
Williams, Wise, Wysor—62. 

Noes —Messrs. John Y. Mason, (Pres’t,) Beale, Bowles, Braxton, 
Burgess, Dale Carter, Chambers, Chilton, Conway, Cox, Davis, 
Douglas, Finney, Flood, Fuqua, Muscoe R. H. Garnett, Muscoe Gar¬ 
nett, Goode, Hunter, Janney, Jasper, Jones, Kenney, Lucas, Lynch, 
Lyons, Moore, Morris, Pendleton, Ridley, Hives, Saunders, Scoggin, 
Francis W. Scott, Robert E. Scott, Robert G. Scott, Seymour, Shell, 
James Smith, Southall, Stanard, Straughan, Strother, Taylor, Turn- 
bull, Whittle, Wingfield, Woolfolk, Worsham—49. 

On motion of Mr. Pendleton, 

Ordered , That the Convention will, to-day, take a recess from two 
to half past four o’clock, P. M. 

Mr. Fuqua moved that the Convention take up and consider a mo¬ 
tion of Mr. Randolph, of yesterday, to suspend the 8th rule, and 
reconsider the vote agreeing with the report of the committee of the 
whole, upon the basis of representation, as amended. 

Upon the said motion Mr. Pendleton demanded the main question, 
which was ordered, and the motion was rejected—ayes 53, noes 66. 

On motion of Mr. Wingfield, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Bocock, Bowles, Braxton, Burgess, Chambers, Chambliss, 
Conway, Cox, Davis, Douglas, Flood, Fuqua, Garland, Muscoe R. H. 
Garnett, Goode, Hopkins, Janney, Jasper, Jones, Leake, Ligon, Lynch, 
Lyons, McCandlish, Meredith, Morris, Purkins, Ridley, Rives, Saun 
ders, Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, 
Shell, Arthur R. Smith, James Smith, Snowden, Southall, Stanard, 
Strother, Turnbull, Wallace, Whittle, Ira Williams, Woolfolk, Wor¬ 
sham—53. 

Noes —Messrs. Anderson, Armstrong, Mark Bird, Bland, Blue, 
Botts, Brown, Richard E. Byrd, Camden, Carlile, Dale Carter, John 
A. Carter, Chapman, Chilton, Claiborne, Faulkner, Fergu>on, Finney, 
Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, Hill, Hoge, Hunter, 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, Lu^as, 
McCamant, McComas, Jefferson T. Martin, William Martin, Miller, 
Moore, Murphy, Neeson, Newman, Pendleton, Petty, Seymour, Shef- 
fey, Sloan, Benjamin H. Smith, Joseph Smith, William Smith, Snod- 


grass, Stephenson, James E. Stewart, Archibald Stuart, Summers, 
Tate, Taylor, Trigg, Van Winkle, Samuel Watts, White, Satnuel C. 
Williams, Wise, Wysor—66. 

The Convention then proceeded to the consideration of the report of 
the committee on the apportionment of senators and delegates. 

The question being upon the motion of Mr. Ferguson. 

By leave of the Convention, Mr. Ferguson so modified his motion 
as to insert in the blank, caused by striking out, as moved by Mr. 
Smith, of Greenbrier, the following : “ shall each elect one delegate.” 

Upon this amendment, 

Mr. Carlile demanded the main question, which was ordered, and 
the amendment rejected—ayes 53, noes 55. 

On motion of Mr. Price, the vote was recorded as follows : 

Ayes— essrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Bland, Blue, Bocock. Bowles, Braxton, Claiborne, Conway, 
Cox, Douglas, Ferguson, Fisher, Muscoe R. H. Garnett, Muscoe Gar¬ 
nett, Hays, Hoge, Hopkins, Jasper, Johnson, Leake, Letcher, Ligon, 
Lionberger, Lucas, McCamant, McCandlish, McComas, Jefferson T. 
Martin, Murphy, Neeson, Ridley, Rives, Scoggin, Francis W. Scott, 
Robert E. Scott, Robert G. Scott, Sloan, Arthur R. Smith, Jas. Smith, 
Archibald Stuart, Taylor, Turnbull, Wallace, Ira Williams, Samuel 
C. Williams, Wise, Woolfolk, Worsham, Wysor—53. 

INoes —Messrs. Anderson, Mark Bird, Botts, Burgess, Camden, Ca- 
perton, Carlile, Dale Carter, John A. Carter, Chambers, Chambliss, 
Chap nan, Chilton, Davis, Faulkner, Flood, Floyd, Fulkerson, Fultz, 
Fuqua, Gaily, Garland, Hunter, Jacob, Janney, Jones, Kenney, Kil¬ 
gore, Knote, Lynch, Lyon-q W. Martin, Meredith, Moore, Morris, 
Pendleton, Petty, Price, Purkins, Saunders, Seymour, ShetTey, B. H. 
Smith, Joseph Smith, Snowden, Stanard, Jas. E. Stewart, Summers, 
Tate, Trigg, Van Winkle, Samuel Watts, Wm. Watts, Whittle, Wing¬ 
field—55. 

Mr. Floyd moved to fill the blank caused by striking out, with the 
following : 

“ The counties of Greenbrier and Pocahontas shall together, elect 
two delegates.” 

Upon this amendment, Mr. Bird, of Shenandoah, demanded the 
main question, which was ordered, and the amendment agreed to— 
ayes 60, noes 54. 

On motion of Mr. Martin, of Marshall, the vote was recorded as 
follows : 

Ayes —Messrs. Anderson, Armstrong, Arthur, Mark Bird, Brown, 
Camden, Caperton, Carlile, Dale Carter, John A. Carter, Chambers, 
Chambliss, Chapman, Chilton, Claiborne, Cocke, Davis, Faulkner, 
Finney, Floyd, Fultz, Fuqua, Gaily. Garland, Hill, Hunter, Jacob, 
Janney, Jones, Kenney, Kilgore, Knote, Letcher, Lynch, Lyons, W. 
Martin, Meredith, Moore, Pendleton, Petty, Price, Purkins, Saunders, 
Seymour, Sheffey, B. H. Smith, Jos. Smith, Snowden, Stanard, las. 
E. Stewart, Strother, Summers, Tate, Trigg, Van Winkle, Samuel 
Watts, William Watts, White, Whittle, Wingfield—60. 

Noes— Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Beale, 
Bland, Blue, Bocock, Bowden, Bowles, Braxton, Burgess, Conway, 
Cox, Douglas, Ferguson, Fisher, Muscoe R. H. Garnett, Muscoe Gar- 


392 


nett, Goode, Hays, Hoge, Hopkins, Jasper, Johnson, Leake, Ligon, 
Lionberger, Lucas, McCamant, McComas, Jefferson T. Martin, Mor¬ 
ris, Neeson, Randolph, Ridley, Rives, Scoggin, Francis W. Scott, R. 
E. Scctt, Robert G. Scott, Sloan, Arthur R. Smith, James Smith, 
Snodgrass, Stephenson, Straughan, Archibald Stuart, Taylor, Turn- 
bull, Samuel C. Williams, Wise, Woolfolk, Worsham, Wysor—54. 

Mr. Bocock moved farther to amend the section in the 5th, 6th, and 
7th lines by striking out the words “ the counties of Greenbrier and 
Pocahontas shall together elect two delegates ; the counties of Monroe 
and Mercer shall jointly elect two delegates.” 

Mr. Barbour moved first to perfect the words to be stricken out, by 
inserting after the word “ delegates,” in the 6th line, the words “ the 
counties of Pulaski and Wythe shall together elect two delegates ; the 
counties of Wetzel and Marshall shall jointly elect two delegates.” 

Mr. Wysor called a division of the question, and it was first put 
upon inserting the words “ the counties of Pulaski and Wythe shall 
together elect two delegates.” 

Upon this question Mr. Bocock demanded the main question, which 
was ordered, and the amendment agreed to—ayes 88, noes 22. 

On motion of Mr. Martin, of Marshall, the vote was recorded as 
follows : 

Ayes— Messrs. Armstrong, Arthur, Banks, Barbour, Beale, Mark 
Bird, Blue, Bocock, Botts, Bowden, Brown, Camden, Caperton, Dale 
Carter, John A. Carter, Chambers. Chapman, Claiborne,. Conway, 
Cox, Davis, Douglas, Ferguson, Fisher, Flood, Floyd, Fultz, Fuqua, 
Garland, Musc.oe R. H. Garnett, Muscoe Garnett, Goode, Hill, Hop¬ 
kins, Hunter, Janney, Jasper, Johnson, Jones, Kenney, Kilgore, Knote, 
Letcher, Ligon, Lionberger, Lucas, Lynch, Jefferson T. Martin, Wil¬ 
liam Martin, Moore, Morris, Murphy, Neeson, Newman, Petty, Price, 
Purkins, Randolph, Rives, Saunders, Scoggin, Francis W. Scott, R. 
G. Scott, Seymour, Shell, Arthur R. Smith, Benjamin H. Smith, Jos. 
Smith, Snodgrass, Snowden, Southall, James E. Stewart, Archibald 
Stuart, Summers, Tate, Taylor, Trigg, Van Winkle, Wallace, Samuel 
Watts, White, Whittle, Ira Williams, Samuel C. Williams, Wingfield, 
Wise, Woolfolk, Worsham—88. 

Noes— Messrs. JohnY. Mason, (Pres’t,) Anderson, Bland, Bowles, 
Cocke, Gaily, Hays, Hoge, Jacob, Leake, Lyons, McCamant, Mc- 
Candlish, McComas, Meredith, Ridley, Robert E. Scott, Jas. Smith, 
Stephenson, Straughan, Turnbull, Wysor— 22. 

The question was then put upon the second branch of the amend- 
mend of Mr. Barbour, and decided in the affirmative—ayes 85, noes 20. 

On motion of Mr. Martin, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Arthur, Banks, Barbour, 
Beale, Mark Bird, Blue, Bocock, Bowden, Brown, Camden, D. Carter, 
John A. Carter, Chambers, Chapman, Claiborne, Cocke, Conway, 
Cox, Davis, Douglas, Ferguson, Fisher, Flood, Floyd, Fulkerson, 
Fultz, Fuqua, Garland, Muscoe Garnett, Goode, Hill, Hopkins, Hun¬ 
ter, Jasper, Johnson, Jones, Kenney, Kilgore, Letcher, Ligon, Lion¬ 
berger, Lucas, Lynch, William Martin, Moore, Morris, Murphy, Nee¬ 
son, Newman, Pendleton, Petty, Price, Purkins, Randolph, Rives, 
Saunders, Scoggin, Francis W. Scott, Robert G. Scott, Seymour, Shell, 
Arthur R. Smith, Benjamin H. Smith, Jos. Smith, Snodgrass, Southall, 


393 


James E. Stewart, Archibald Stuart, Summers, Tate, Taylor, Trigg, 
Yan Winkle, Wallace, Samuel Watts, White, Whittle, Ira Williams, 
Samuel C. Williams, Wingfield, Wise, Woolfolk, Worsham—85. 

Noes —Messrs. John Y. Mason, (Pres’t,) Bland, Bowles, Carlile, 
Gaily, Hays, Hoge, Jacob, Knote, Leake, McCamant, McCandlish, 
McComas, Jefferson T. Martin, Meredith, Ridley, James Smith, 
Straughan, Turnbull, Wysor—20. 

The question then recurred upon striking out as moved by Mr. Bo- 
cock, and Mr. Claiborne demanded the main question, and it was 
ordered. 

After the name of Mr. Anderson had been called, and he had re¬ 
sponded thereto, hut before the secretary had recorded his vote, Mr. 
Stanard rose and demanded a division of the question. The chair 
(Mr. Wise being in the chair,) decided that the demand might be en¬ 
tertained. Prom this decision, Mr. Taylor appealed to the Conven¬ 
tion, and the question being put, u shall the decision of the chair 
stand as the judgment of Convention?” was decided in the negative. 

The vote was then taken, upon the motion to strike out, and was de¬ 
cided in the affirmative—ayes 58, noes 56. 

On motion of Mr. Hoge, the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Bland, Blue, Bocock, Bowles, Braxton, Carlile, John A. Car¬ 
ter, Chambliss, Conway, Cox, Douglas, Ferguson, Fisher, Gaily, 
Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hays, Hoge, Hopkins, 
Hunter, Jacob, Johnson, Jones, Leake, Ligon, Lyons, McCamant, 
McCandlish, McComas, Jefferson T. Martin, Morris, Purkiris, Ridley, 
Scoggin, Francis W. Scott, Robert E. Scott, Sloan, James Smith, 
Snodgrass, Straughan, Archibald Stuart, Taylor, Turnbull, Wallace, 
White, Whittle, Ira Williams, Samuel C. Williams, Wise, Woolfolk, 
Worsham, Wysor—58. 

Noes —Messrs. Anderson, Armstrong, Mark Bird, Botts, Brown, 
Camden, Caperton, Dale Carter, Chambers, Chapman, Chilton, Clai¬ 
borne, Cocke, Davis, Flood, Floyd, Fultz, Fuqua, Garland, Hill, 
Janney, Jasper, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, 
Lynch, William Martin, Moore, Murphy, Neeson, Newman, Pendle¬ 
ton, Petty, Price, Randolph, Rives, Saunders, Robert G. Scott, Sey¬ 
mour, Shell, Arthur R. Smith, Benjamin H. Smith, Joseph Smith, 
Southall, Stanard, Stephenson, Jas. E. Stewart, Summers, Tate, 
Trigg, Yan Winkle, Samuel Watts, Wingfield—56. 

Mr. Bocock moved to amend the section in the 9th line, by inserting 
after the word u Page,” the following : “ Pocahontas, Greenbrier, 
Monroe, Mercer.” 

The hour of 2 o’clock having arrived, the Convention took a recess. 

At half past four o’clock the Convention re-assembled, and the 
President stated the question to be upon the motion of Mr. Bocock. 

Mr. Price demanded a division, and the vote was first taken upon 
inserting the word “ Pocahontas,” and was decided in the affirmative— 
ayes 77, noes 37. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. John Y.Mason,(Pres’t,) Armstrong, Arthur,Banks, 
Barbour, Beale, Bland, Blue, Bocock, Bowles, Braxton, Brown, Rich- 

50 


394 


ard E. Byrd, Carlile, Chambliss, Claiborne, Conway, Cox, Douglas, 
Edwards, Ferguson, Fisher, Flood, Fulkerson, Fuqua, Gaily, Gar¬ 
land, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hays, Hill, Hoge, 
Hopkins, Hunter, Jacob, Jasper, Johnson, Jones, Kenney, Leake, Li- 
gon, Lionberger, Lucas, McCamant, McCandlish, MeComas, Jeffer¬ 
son T. Martin, Miller, Morris, Murphy, Neeson, Newman, Randolph, 
Ridley, Rives, Scoggin,Frarris W. Scott, Robert E. Scott Shell, Sloan, 
Arthur R. Smith, James Smith, Srrdgrass, Stephenson, Jas. E. Stew¬ 
art, Straughan, Archibald Stuart, Taylor, Trigg, Turnbull, Whittle, 
Samuel C. Williams, Wise, Woolfolk Worsham, Wysor.—77. 

Noes— Messrs. Anderson, Mark Bird, Botts, Camden, Caperton, 
Dale Carter, John A. Carter, Chambers, Chapman, Davis, Floyd, Fultz, 
Janney, Kilgore, Knote, Letcher, Lyons, William Martin, Meredith, 
Moore, Pendleton, Petty, Price, Saunders, Robert G. Scott, Seymour, 
Sheffey, Benjamin H. Smith, Joseph Smith, Stanard, Summers, Tate, 
Van Winkle, Samuel C. Watts, William Watts, White, Wingfield—37. 

The residue of the amendment, that is the words “ Greenbrier, Mon¬ 
roe, Mercer,” was then agreed to by the Convention. 

Mr. Martin, of Marshall, moved to amend the 1st section in the 15th 
line, by striking out the word “ Ritchie,” and inserting in lieu thereof 
the word “ Tyler.” 

Upon the said amendment, Mr. Ferguson demanded the main ques¬ 
tion, which was ordered, and the amendment adopted. 

Mr. Camden moved to suspend the rule requiring one day’s notice 
to be given of an intention to move a reconsideratLn of a vote, so as 
to enable him to move a reconsideration of tl e vote just taken. 

Upon this motion, Mr. Beale demanded the main question, which 
was ordered, and the motion rejected—ayes 49, noes 58. 

On motion of Mr. Van Winkle, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Arthur, Botts, Bowles, Cam¬ 
den, Dale Carter, Jno. A. Carter, Chambers, Chilton, Davis, Edwards, 
Flood, Fultz, Gaily, Muscoe Garnett, Hill, Hunter, Jacob, Janney, 
Kilgore, Knote, Lyons, William Martin, Meredith, Moore, Murphy, 
Pendleton, Petty, Saunders, R. E. Scott, R. G. Scott, Sheffey, Benj. 
H. Smith, James Smith. Joseph Smith, Snowden, Southall, Stanard, 
Straughan, Strother, Summers, Tate, Trigg, Van Winkle, Samuel 
Watts, William Watts, White, Wingfield—49. 

Noes— Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Beale, M. 
Bird, Bland, Blue, Bocock, Bowden, Braxton, Brown, Richard E. 
Byrd, Carlile, Claiborne, Conway, Cox, Douglas, Ferguson, Floyd, 
Fulkerson, Fuqua, Muscoe R. H. Garnett, Goode, Hays, Hoge, Hop¬ 
kins, Jasper, Johnson, Kenney, Leake, Letcher, Ligon, Lionberger, 
Lucas, Lynch, McCamant, MeComas, Jefferson T. Martin, Neeson, 
Newman, Randolph, Ridley, Rives, Scoggin, Francis W. Scott, Sloan, 
Arthur R. Smith, William Smith, Snodgrass, Stephenson, Archibald 
Stuart, Taylor, Turnbull, Whittle, Samuel C. Williams, Wise, Wool- 
fulk, Worsham—58. 

On motion of Mr. Martin, of Marshall, the 1st section was farther 
amended in the 19th line, by striking out the word “ Tyler,” and in¬ 
serting in lieu thereof,the word ‘‘Ritchie.” 

Mr. Fehguson moved farther to amend the report, by striking out 
the 2d section. 


4 


395 

Upon this amendment Mr. Carlile demanded the main question, 
which was ordered, and the amendment rejected. 

Mr. Ferguson moved to suspen 1 the rule requiring one day’s notice, 
to enable him to move a reconsideration of the vote just taken. 

Upou this motion Mr. Ferguson, de nan lei the main question, 
which was ordered, an 1 the motion of Mr. Ferguson rejected. 

Mr. I j etc her moved to amend the report, in the 3d section, 1st line, 
by striking out the worJ “ Russell.” 

Up>n t lis motion Mr. Claiborne demanded the main question, 
which was ordered, and the amendment rejected. 

Mr. Seymour moved to amend the 4th section in the 9th line by 
striking out the word a Morgan.” 

Upm this amendment Mr. Conway demanded the main question, 
which was ordered, and the amendment of Mr. Seymour rejected. 

On motion of Mr. Ferguson, the Convention then adjourned. 

Tuesday, July 29, 1S51. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Taylor, of the Presbyterian church. 

On motion of Mr. Pendleton, the reading of the journal was dispensed 
with. 

Mr. Conway submitted the following resolution : 

Resolved , That the House of Delegates shall consist of one hundred and 
fifty-two, instead of one hundred and fifty, and that one additional delegate 
be assigned to each of the counties of Fauquier and Marshall. 

Mr. Pendleton moved to amend the resolution by striking out the 
word “ Marshall,” and inserting in lieu thereof, the word “ Monroe.” 

Mr. Hays moved to lay the resolution and amendment upon the table, 
and the motion was decided in the affirmative, ayes 62, noes 42. 

On motion of Mr. Claiborne, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Banks, Barbour, Beale, Bird, Blue, Bowden, 
Bowles, Byrd,Dale Carter, Chambliss, Claiborne, Cox, Faulkner, Fergu¬ 
son, Fisher, Fulkerson, Fultz, Fuqua, Muscoe Garnett, Goode, Hays, 
Hill, Hoge, Hopkins, Jasper, Johnson, Jones, Kilgore, Leake, Letcher, 
Ligon, Lionberger, Lucas, Lynch, McCandlish, McComas, Morris, Mur¬ 
phy, Neeson, Newman,Purkins, Randolph, Ridley, Rives, Saunders, Scog- 
gin, Francis W. Scot*, Arthur R. Smith, William Smith, Snowden, 
Straughan, S uart, Tate, Taylor, Turnbull, Wallace, Samuel Watts, 
White, Samuel C. Williams, Wingfield, Wise—62. 

Noes —Messrs. Mason, (Pres’t.) Camden, Carlile, John A. Carter, 
Chambers, Chapman, Chilton, Cocke, Conway, Davis, Garland, Jacob, 
Janney, Kenney, Knote, Lyons, McCamant, Wm. Martin, Meredith, 
Moore, Pendleton, Petty, Robert E. Scott, Robert G. Scott, Seymour, 
Shell Sheffey, Sloan, Benjamin H. Smith, James Smith, Snodgrass, 
Southall, Stanard, Stephenson, Stewart, Strother, Summers, Van Winkle, 
William Watts, Whittle, Woolfolk Wysor—42. 

On motion of Mr. Pendleton, 

Ordered , That the Convention take a recess to-day from two until four 
o’clock. 

On motion of Mr. Sheffey, 

Ordered , That the committee on revision have power to direct the print¬ 
ing of the articles of the constitution, as revised by them. 



396 


On motion of Mr. Sheffey, 

Resolved, That the rule, requiring one day’s notice before making a mo¬ 
tion to reconsider a vote of the Convention, be rescinded. 

On motion of Mr. Sheffey, 

Resolved, That the Secretary of the Convention be charged with the 
following duties: He shall arrange in due order, and place for safe-keeping 
and preservation in the office of the Secretary of the Commonwealth, all 
books, papers and documents in his charge ; he shall cause a copy of the 
Journal and documents of the Convention to be transmitted to each mem¬ 
ber and officer of this body ; and have bound up, if oracticable, as an Appen¬ 
dix to the Journal, a journalized account of the proceedings in the commit¬ 
tee of the whole on the subject of the Basis of Representation: and he shall 
certify for payment the accounts for such printing and publishing as may 
be rendered necessary by this resolution, or by previous orders of the 
Convention. 

Resolved , That a committee be appointed to audit the accounts of the 
reporter to the Convention, in order that the amount that may be due 
him, when the Convention adjourns, may be certified for payment. 

The President appointed the following committee under the second 
resolution: 

Messrs. Scott, of Richmond city, Brown, Snowden, Letcher and Pur- 
kins. 

The Convention then passed to the consideration of the Report of the 
committee on the apportionment of Delegates and Senators. 

Mr. McComas moved to amend the report in the 4th section, 4th and 
5th lines, by striking out the words “ Boone, Logan, Putnam, Wyoming,” 
and insert the words “ Jackson and Wirt.” 

Upon this amendment Mr. Letcher called the previous question, and 
was sustained, and the amendment rejected. 

Mr. McComas moved to amend the section in the same lines, by striking 
out “ Boone, Logan, and Wyoming,” and inserting in lieu thereof, the 
words “ Jackson and Mason.” 

Upon this amendment Mr. Fisher demanded the main question, which 
was ordered, and the amendment rejected. 

In the same section, and same lines, Mr. McComas moved to amend by 
striking out the words “ Boone, Logan, and Wyoming,” and inserting, in 
lieu thereof, the words “ Mason and Jaokson.” 

The said amendment was rejected. 

In the same section and in the same lines, Mr. McComas moved to strike 
out the words “ Boone, Logan, and Wyoming,” and insert in lieu thereof 
the word “ Jackson.” 

The said amendment being submitted to the Convention, was rejected. 

Mr. Chilton moved to amend the report in the 5th section, 2d line, by 
inserting after the word 11 Halifax,” the word “ Fauquier.” 

Pending the consideration of the said amendment, on motion of Mr. 
Pendleton, the report and amendment were laid upon the table, ayes 
61, noes 43. 

On motion of Mr. Lucas, the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Banks, Botts, Camden, Car- 
lile, J. A.Carter, Chapman, Chilton,Conway, Cox, Davis, Faulkner, Fisher, 
Gaily, Garland, M. R. H. Garnett, Hill, Jacob, Janney, Jasper, Kenney, 


397 


Knote, Ligon, Lyons, McCamant, McCandlish, J. T. Martin, Wm. Mar¬ 
tin, Meredith, Miller, Moore, Newman, Pendleton, Petty, Rives, Saun¬ 
ders, Robert E. Scott, Robert G. Scott, Seymour, Shell, Sheffey, Benja¬ 
min H. Smith, Joseph Smith, William Smith, Snowden, Southall, Stan- 
ard, Stewart, Straughan, Stother, Stuart, Summers, Taylor, Trigg, Sam¬ 
uel Watts, White, Ira Williams, Wingfield, Wysor—61. 

Noes —Messrs. Armstrong, Arthur, Bird, Blue, Bocock, Bowles, Brax¬ 
ton, Brown, Byrd, Dale Carter, Chambliss, Claiborne, Cocke, Douglas, 
Ferguson, Flood, Fulkerson,Goode, Hays, Hoge, Johnson, Jones, Kilgore, 
Leake, Letcher, Lionberger, Lucas, Lynch, Neeson, Purkins, Randolph, 
Ridley, Scoggin, Francis W. Scott, Sloan, Arthur R. Smith, Snodgrass, 
Tate, Turnbull, Whittle, Samuel C. Williams, Woolfolk, Worsham—43. 

On motion of Mr. Scott, of Fauquier, the Convention agreed to take 
up and consider a resolution offered to-day by Mr. Conway, and laid upon 
the table. 

Mr. F erguson moved to amend the resolution by striking it out and 
substituting therefor the following: 

“ Resolved , That the House ot Delegates be composed of one hundred 
and fifty-six members: of the increased number, three shall be given to the 
Western and three to the Eastern section of the State.” 

By leave of the Convention, Mr. Conway so modified his resolution as 
to read as follows : 

“ Resolved , That the House of Delegates shall consist of one hundred 
and fifty-two members, and that one of the additional delegates shall be as¬ 
signed to the counties East of the Blue Ridge, and the other to the coun¬ 
ties West of the Blue Ridge.” 

Upon the amendment of Mr. Ferguson, Mr. Muscoe Garnett de¬ 
manded the main question, but the Convention refused to order the 
same. 

Mr. Ridley submitted a motion that the resolution and amendment be 
indefinitely postponed; and upon this motion, Mr. Conway demanded the 
main question, which was ordered, and the motion of Mr. Ridley decided 
in the affirmative, ayes 66, noes 42. 

On motion of Mr. Scott, of Fauquier, the vote was recorded as 
follows: 

Ayes —Messrs. Armstrong, Arthur, Banks, Barbour, Beale, Bird, Blue, 
Bocock, Bowden, Bowles, Braxton, Byrd, Dale Carter, Chambers, Cham¬ 
bliss, Claiborne, Cocke, Ferguson, Finney, Flood, Fulkerson, Fuqua, 
Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hays, Hoge, Hopkins, 
Jasper, Johnson, Kilgore, Leake, Letcher, Ligon, Lionberger, Lucas,. 
Lynch, McCamant, McCandlish, Morris, Murphy, Neeson, Newman,. 
Petty, Randolph, Ridley, Rives, Saunders, Scoggin, Francis W. Scott, 
Sloan, Arthur R. Smith, Snodgrass, Stephenson, Straughan, Tate, Tay¬ 
lor, Trigg, Turnbull, Samuel Watts, Whittle, Samuel C. Williams, Wing¬ 
field, Wise, Woolfolk, Worsham—66. 

Nays —Messrs. Anderson, Botts, Brown, Camden, Carlile, John A.. 
Carter, Chapman, Chilton, Conway, Cox, Davis, Douglass, Fisher,. 
Gaily, Garland, Hill, Jacob, Janney, Jones, Kenney, Knote, Lyons, J. T- 
Martin, William Martin, Meredith, Miller, Moore, Pendleton, Robert E. 
Scott, Robert G. Scott, Seymour, Benjamin H. Smith, Joseph Smith, 
William Smith, Snowden, Southall, Stanard, Strother, Stuart, Summers* 
William Watts, White—42. 


398 


Mr. Scott, of Fauquier, submitted the following resolution : 

Resolved, That the House of Delegates shall consist of one hundred 
and fifty-one members, and that the additional member be assigned to the 
county of Fauquier. 

Mr. Summers moved indefinitely to postpone the said resolution ; and 
upon this motion, Mr. Pendleton demand ‘d the main question, which was 
ordered, and the motion agreed to, ayes 64, noes 2 . 

On motion of Mr. Summers, the vote was recorded as fo’lows: 

Ayes —Messrs. Armstrong, Arthur, Beale, Bird, Blue, Bocock, Botts, 
Bowden, Bowles, Braxton, Brown, Carlile, Chambers, Chilton. Claiborne, 
Cocke, Ferguson, Garland, Muscoe Garnett. Goode, Hays, Hoge, Hop¬ 
kins, Jasper, Johnson, Kenney, Kilgore, Krmte, Letcher, Lionberger, 
Lynch, McCamant, McCandlish, Jefferson T. Martin, Win Martin, Mil¬ 
ler, Morris, Murphy, Neeson, Newman, Pendleton, Randolph, Saunders, 
Scoggin, Francis W. Scott, Seymour, Sloan, Arthur R. Smith, Joseph 
Smith, Wra. Smith, Stephenson, Stewart, Straughan. Stuart, Summers, 
Tate, Turnbull, Whittle, Ira Williams, Samuel C. Williams, Wingfield, 
Wise, Woolfolk, Worsham—64, 

Noes —Messrs. Anderson, Banks, Cox, Davis, Finney, Fisher, Fuqua, 
Hill, Janney, Jones, Leake, Lyons, Meredith, Moore, Rives, Robert E. 
Scott, Robert G. Scott, Snowden, Southall, Stanard, Strother, Taylor, 
Trigg, Samuel Watts—24. 

On motion of Mr. Carlile, the Convention agreed to take up and con¬ 
sider the report of the committee on the apportionment of Delegates and 
Senators ; the pending question being the amendment proposed by Mr* 
Chilton. 

Mr. Neeson moved to amend the motion of Mr. Chilton, by substitu¬ 
ting therefor the following: 

“ The city of Richmond and the county of Fauquier shall each elect 
two Delegates.” 

The said amendment being submitted to the Convention, was rejected, 
ayes 48, noes 55. 

On motion of Mr. Neeson, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Banks, Barbour, Bird,. Blue, Bowden, 
Brown, Byrd, Camden, Carlile, John A. Carter, Chilton, Claiborne, 
Douglas, Ferguson, Fisher, Fulkerson, Hays, Jasper, Johnson, Kenney, 
Kilgore, Letcher, Lionberger, Lucas, McCamant, Jefferson T. Martin, 
Murphy, Neeson, Newman, Pendleton, Randolph, Robert E. Scott, 
Seymour, Arthur R. Smith, Joseph Smith, William Smith, Snodgrass, 
Snowden, Stephenson, Stewart, Strother, Stuart, Tate, White, Ira Wil¬ 
liams, Samuel C. Williams, Woolfolk—48. 

Noes —Messrs. Mason, (Pres’t.) Anderson, Arthur, Beale, Bocock, 
Botts, Bowles, Braxton, Chambers, Chambliss, Cocke, Conway, Cox, 
Davis, Finney, Flood, Fuqua, Gailand, Muscoe R. H Garnett, Muscoe 
Garnett, Goode, Hill, Hopkins, Jannev, Jones, Knote, Leake, Ligoti,, 
Lynch, Lyons, MeCaudlish, W iliam M artin, Meredith, Miller, Moore, 
Morris, Ridley, Rives, Saunders, Scoggin, FrancL W. Scott, Robert 
G. Scott, Shell, Southall, Stanard, Straughan, Summers, Taylor, Turn¬ 
bull, Samuel Watts, William Watts, Whittle, Wingfield, Wise, Wor¬ 
sham—55. 

The question then recurred upon the motion of Mr. Chilton, and was 
decided in the negative, ayes 31, noes 70. 


399 


On motion of Mr. Stanard, the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Byrd, Carlile, John A. 
Carter, Chilton, Fulkerson, Hays, Janney, Jasper, Kilgore, McCamant, 
Jefferson T. Mart n, William Martin, Moore, Pendleton, Petty, Ran¬ 
dolph, Robert E. Scott, Seymour, Benjamin H. Smith, Joseph Smith, 
Snowden, Stewart, Strother, Samuel Watts, White, S. C. Williams, 
Wingfield, Wise, Wysor—31. 

Noes— Messrs. Arthur, Banks, Barbour, Beale, Bird, Blue, Bocock, 
Bolts, Bowden, Bowles, Braxton, Chambers, Chambliss, Claiborne, 
Cocke, Conway, Cox, Davis, Douglas, Ferguson, Finney,Fultz, Fuqua, 
Gaily, Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hill, 
Hopkins, Johnson, Jones, Kenney, Knote, Leake, Letcher, Ligon, Lion- 
berger, Lucas, Lynch, Lyons, McCandlish, Meredith, Miller, Murphy, 
Neeson, N<*wman, Purkins, Ridley, Rives, Saunders, Scoggin, Francis 
W. Scott, Robert G. Scott, Sloan, Arthur R. Smith, William Smith, 
Snodgrass, Southall, Stanard, Straughan, Stuart, Summers, Taylor, 
Turnbull, William Watts, Whittle, Ira Williams, Woolfolk, Worsham 
—70. 

Mr. Wise submitted the following resolution : 

Resolved, That the report as amended be referred to a committee of 
to be taken from the Piedmont portion of the State, with instructions 
to re apportion the counties thereof, so as to give two delegates to the 
county of Fauquier. 

Mr. Cox moved so to amend the resolution, as to restrict re-apportion- 
tionment by the said committee to the counties in the Piedmont portion of 
the State lying norlh of James river. 

Upon the amendment of Mr. Cox, Mr. Claiborne demanded the main 
question, which was ordered, and the amendment rejected. 

The hour of two o’clock having arrived, the Convention took a re¬ 
cess. 


At four o’clock the President resumed the Chair, and stated the ques¬ 
tion to be upon the resolution of Mr. Wise. 

VV hereupon Mr. Wise, by leave of the Convention, withdrew his reso¬ 
lution. 

Mr. Smith, of Kanawha, moved to amend the report in the 5th section, 
1st line, by inserting after the word “ Loudoun,” the word “ Fauquier.” 

Upon this amendment Mr. Conway demanded the main question, 
which was order* d, and the amendment rejected, ayes 34, noes 65. 

On motion of Mr. Letcher, the vote was recorde I as follows : 

Ayes —Messrs. Anderson, Banks, Botts, Carlile, Dale Carter, John A. 
Carter, Chilton, Fisher, Fulkerson, Jacob, Janney, Jasper, Jones, Kil¬ 
gore, Knote, Leake, McCamant, Jefferson T. Martin, William Martin, 
Moore, Pendleton, Petty, Robert E. Scott, Benjamin H. Smith, Joseph 
Smith, Snowden, Southall, Stewart, Strother, Stuart, Taylor, Samuel 
Watts, William Watts, Wingfield—34. 

Noes —Messrs Mason, (Pres’t.) Armstrong, Arthur, Beale, Bird, 
Blue, Bocock, Bowden, Bowles, Brown, Byrd, Chambers, Chambliss, 
Claiborne, Conway, Cox, Davis, Douglas, Ferguson, Flood, Fultz, Fu¬ 
qua, Gaily, Garland, Muscoe Garnett, Goode, Hays, Hill, Hoge, Hop¬ 
kins, Johnson, Kenney, Letcher, Ligon, Lionberger, Lucas, Lynch, Me- 



400 


Candlish, Miller, Murphy, Neeson, Newman, Purkins, Randolph, Rid¬ 
ley, Rives, Saunders, Scoggin, Francis W. Scott, Robert G. Scott, Sloan, 
Arthur R. Smith, William Smith, Snodgrass, Stephenson, Straughan, 
Summers, Turnbull, Wallace, White, Whittle, S.C. Williams, Wise, Wool- 
folk, Worsham—65. 

On motion of Mr. Lynch, the 5th section was amended by adding there¬ 
to the following: 

u Provided , That on an application of a majority of the qualified vo¬ 
ters of the county of Campbell and the town of Lynchburg, it shall be 
competent to the General Assembly to provide that the said county of 
Campbell, and town of Lynchburg shall each have a separate representa¬ 
tion in the General Assembly.” 

Mr. Stuart, of Patrick, moved to amend the report in the 6th section 
and 9th line, by striking out the word “ Hrnry,” and inserting the words 
“and Henry” after the word “ Pittsylvania” in the 10th line. 

Upon this motion, Mr. Chambers demanded the main question, which 
was ordered, and the amendment rejected, ayes 25, noes61. 

On motion of Mr. Stuart, of Patrick, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. Barbour, Bowden, Chapman, Claiborne, Cox, Fergu¬ 
son, Fisher, Floyd, Fulkerson, Fultz, Hays, Hoge, Johnson, Letcher, 
McCamant, Jefferson T. Martin, Neeson, Randolph, Rives, Arthur R. 
Smith, Stephenson, Stuart, Tate, Samuel C. Williams, Woolfolk—25. 

Mays —Messrs. Mason, (Pres’t.,) Anderson, Banks, Blue, Bocock. 
Botts, Bowles, Braxton, Chambers, Chambliss, Cocke, Davis, Faulkner, 
Finney, Flood, Gaily, Garland, Muscoe Garnett, Goode, Hall, Hill, Ja¬ 
cob, Janney, Kenney, Kilgore, Leake, Ligon, Lucas, Lyons, McCandlish, 
Wm. Martin, Meredith, Moore, Morris, Murphy, Petty, Purkins, Rid¬ 
ley, Saunders, Scoggin, Francis W. Scott, Seymour, Shell, Benjamin H. 
Smith, Joseph Smith, William Smith, Southall, Stanard, Stewart, Straugh¬ 
an, Strother, Summers, Taylor, Trigg, Turnbull, Samuel Watts, William 
Watts, White, Whittle, Wingfield, Worsham—61. 

Mr. Jasper moved farther to amend the 6th section, in the 3d line, by 
striking out the word “ Rappahannock,” and inserting in lieu thereof the 
words il Prince William.” 

Upon this amendment Mr. Barbour demanded the main question, which 
was ordered, and the amendment rejected. 

Mr. Cox moved to amend the report in the 6th section, 13th line, by 
inserting after the words “ Prince Edward,” the word “ Cumberland.” 

Upon this amendment Mr. Hill demanded the main question, which 
was ordered, and the amendment rejected. 

On motion of Mr. Scott, of Fauquier, the report was laid upon the 
table. 

Mr. Scott, of Fauquier, submitted the following resolution: 

Resolved , That four additional members shall be added to the number 
of which the House of Delegates has heretofore been ordered to be consti¬ 
tuted, whereof one shall be added to the Tide-water district, one to the 
Piedmont district, one to the Valley district, and one to the Trans-Alle¬ 
ghany district. 

Upon this resolution, Mr. Carlile demanded the main question, which 
was ordered, and the resolution rejected, ayes 40, noes 62. 


401 


Oil motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Bolts, Camden, Carlile, 
John A. Carter, Chapman, Chilton, Cox, Fisher, Fulkerson, Gaily, 
Garland, Muscoe R. H. Garnett, Hill, Janney, Leake, Lyons, Jefferson 
T. Martin, William Martin, Meredith, Miller, Moore, Morris, Pendle¬ 
ton, Petty, Robert E. Scott, Seymour, Sheffey, Benjamin H. Smith, Jo¬ 
seph Smith, Snowden, Southall, Stanard,- Stewart, Strother, Taylor, 
William Watts, White, Wingfield—40. 

JYoes —Messrs. Armstrong, Banks, Barbour, Bird, Blue, Bocock, 
Botyden, Bowles, Braxton,- Brown,- Byrd, Dale Carter, Cocke, Davis,- 
Houglas* Faulkner, Ferguson, Finney, Flood, Floyd, Fultz, Fuqua,- 
Muscoe Garnett, Goode, Hall, Hays, Hoge, Jones, Kenney, Kilgore, 
Knote, Letcher, Ligon, Lionberger, Lucas, Lynch, McCamant, Mc- 
Candlish, Murphy, Neeson, Newman, Purkins, Randolph, Ridley, 
Ri ves, Scoggin, Francis W. Scott, Robert G. Scott, Shell, Sloan, 
James Smith, Snodgrass, Stephenson, Stuart,- Summers, Turnbull, 
Whittle, Ira Williams, S. C. Williams, Wise, Woolfolk, Worsham—62. 

Mr. Braxton submitted the following resolution : 

“ Resolved , That the House of Delegates be increaseed to one hundred 
and fifty-one, and that the additional delegate be assigned to the county of 
Fauquier.” 

Mr. Wise moved to amend the resolution by striking out all after the 
word “ Delegates” in the 1st line, and inserting in lieu thereof the words 
u be reduced to one hundred.” 

Upon this amendment Mr. Cox demanded the main question, which was 
ordered, and the amendment rejected. 

Th’e question recurring upon the resolution of Mr. Braxton, Mr. Fin¬ 
ney demanded the main question, which was ordered, and the resolution 
adopted, ayes 54, noes 48. 

On motion of Mr. Letcher, the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Anderson, Banks, Barbour, Braxton,- 
Carlile, John A. Carter, Chilton, Cocke, Conway, Davis, Douglas-, 
Edwards, Finney, Fisher,- Flood, Fulkerson, Fuqua, Muscoe R. H. 
Garnett, Hill, Janney, Jasper, Kilgore, Leake, Jefferson T. Martin, 
William Martin, Meredith, Moore, Pendleton, Petty, Purkins, Ridley,-. 
Francis W. Scott, Robert E. Scott, Robert G. Scott, Seymour, Shell, 
Sloan, Arthur R. Smith, Benjamin H. Smith, James Smith, Joseph 
Smith, Snowden, Southall, Stewart, Straughan,Strother, Taylor, Trigg, 
William Watts, Whittle, Ira Williams, Wingfield, Woolfolk—54. 

Noes —Messrs. Armstrong, Beale, Bird, Blue, Bocock, Botts, Bow¬ 
den, Bowles, Brown, Camden, Dale Carter, Cox,-. Ferguson, Floyd, 
Fultz, Gaily, M. Garnett, Goode,- Hall, Hays, Hoge, Jacob, Jones, Ken¬ 
ney, Knote, Letcher, Ligon, Lionberger,. Lucas,. Lynch, MeCandlish, 
Morris, Murphy, Neeson, Randolph, Rives,. Scoggin, Sheffey, Snod¬ 
grass. Stephenson, Stuart, Summers, Tate, Turnbull, Willey, S. C. 
Williams, Wise, Worsham—48. 

On motion of Mr. Conway, the Convention agreed to take up and con¬ 
sider the report- of the committee on ! the apportionment of Delegates and 
Senators. 

After some time, Mr. Kilgore moved to lay the said report upon the 
table, and the motion was rejected. 

51 


After some farther lime spent in the consideration of the report, Mr. W is& 
moved to lay it upon the table. 

Mr. Claiborne moved that the Convention do adjourn, and the motion 
■was decided in the negative. 

The question was then put upon the motion of Mr. Wise, and decided in 
the negative, ayes 49, noes 55. 

On motion of Mr. Wise, the vote was recorded as follo\v3 : 

Ayes —Messrs. Armstrong, Bird, Blue, Bocock, Bowden, Brown,; 
Camden, Carlile, Dale Carter, Cox, Faulkner, Ferguson, Floyd, Fuf- 
kerson, Gaily, Goode, Hall, Hays, Hoge, Jacob, Jones, Kenney, Kil¬ 
gore, Knote, Letcher, Ligon, Lionberger, Lucas, Lynch, McCamanf, 
Jefferson T. Martin, Neeson, Newman, Pendleton, Ridley, Shejffey, 
Sloan, William Smith, Snodgrass, Stephenson, Stuart, Summers, Tate, 
Trigg, Turnbull, Tan Winkle, Wallace, Samuel C. Williams, Wise— 
49 

Noes— Messrs. Mason, (Pres’t.) Anderson, Banks, Barbour, Botts, 
Bowles, Braxton, John A. Carter, Chilton, Cocke, Conway, Davis, Ed¬ 
wards, Finney, Fisher, Flood, Fuqua, Garland, Muscoe R.H. Garnett, 
Muscoe Garnett, Hill, Janney, Jasper, Leake, Lyons, William Martin, 
Meredith, Morris, Petty, Purkins, Randolph, Rives, Scoggin, Francis 
W. Scott, Robert E. Scott, Robert G. Scott, Shell, Arthur R. Smith, 
Benjamin IJ. Smith, James Smith, Joseph Smith, Snowden, Southall, 
Stanard, Stewart, Straughan, Strother, Samuel Watts, William Watls, 
White, Whittle, Ira Williams, Wingfield, Woolfolk, Worsham—55. 

On motion of Mr. Wise, the Convention then adjourned. 


Wednesday, July 30, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Early, of the Methodist Church.- 

Mr. Straughan moved that the reading of the journal be dispensed with ; 
and the motion being submitted to the Convention, it was ascertained that 
there was not a quorum of members voting.. 

Afterwards, the question was re-propounded,' and decided in the nega¬ 
tive. 

During the reading of the journal, Mr. Muscoe Garnett moved to dis¬ 
pense with the further reading thereof, and the motion was rejected, and the 
journal read and approved 

Mr. Wise submitted the following resolutions, which, upon his motion, 
were ordered to be laid upon the table: 

Resolved, That the Publisher of the Convention be authorized, under 
the direction of the Secretary, to 5 compile from the Journal, and from' the 
City papers published at the time, a condensed history of the “ short ses¬ 
sion” of this body, held in the months of October and November last: 
said history to form part of the Register of Debates already ordered for 
the use of members, and for distribution to the several States and Public 
Officers, according to the late act of Assembly. 

Resolved , That the Secretary of the Convention be authorized to cer¬ 
tify, for payment, the accounts of Ro. H. Gallaher for the publication of the 
said Register of Debates: Provided , however, that no greater rates be 
charged for composition, press work and paper, than is now allowed for 
each in the publication of the Supplement sheet; alterations by members* 



403 


but not corrections <of the printers, to be paid for; and in no instance is 
composition to be allowed, except where the type have been actually re-set 
for the Register. 

The Convention then passed to the .consideration of the report of the 
committee on the apportionment of Delegates and Senators. 

Mr. Cox moved to amend the report in the 6th section, 14th line, by 
striking out the word “ Cumberland.” 

The said amendment was not agreed to by the Convention. 

Mr. Stuart, .of Patrick, submitted a motion to amend the 6th section, 
by striking out the 9th line, and inserting in lieu thereof the following : 
u county of Franklin shall form another district; the counties of Patrick 
and Henry shall form another district.” 

Upon this amendment, Mr. Straughan demanded the main question, 
which was ordered, and the amendment rejected. 

Air. Wise moved to lay the report, as amended, upon the table, and the 
motion was decided in the affirmative. 

Mr. Kilgore moved to suspend the 8th rule of the Convention, and re¬ 
consider the vote agreeing to a resolution of Mr,. Braxton on yesterday. 

Upon this motion, Mr. Claiborne demanded the main question, which 
was ordered, and the motion agreed to, ayes 64., noes 38. 

On motion of Mr. Claiborne, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Arthur, Banks, Barbour, Beale, Bird, Bo- 
cock, Botts, Brown, Byrd, Camden, Carlile, Dale Carter, Chapman, 
Claiborne, Cox, Faulkner, Ferguson, Fisher, Floyd, Fulkerson, Fultz, 
Gaily, Goode, Hall, Hays, Hoge, Hopkins, Jacob, Johnson, Jones, Kil¬ 
gore, Knote, Letcher, Ligon, Lucas, Lynch, McCamant, McComas, Jef¬ 
ferson T. Martin, Miller, Murphy, Neeson., Newman, Randolph, Rives, 
Saunders, Scoggin, Sheffey, Joseph Smith, William Smith, Snodgrass, 
Stephenson, Stuart, Summers, Tate, Turnbull, Yan Winkle, White, Whit¬ 
tle, Samuel C. Williams, Wise, Woolfolk, Worsham—64. 

JVoes —Messrs. Mason, (Pres’t.) Anderson, Bowles, John A. Carter, 
Cocke, Conway, Davis, Finney, Fuqua, Garland, Muscoe R. H. Gar¬ 
nett, Muscoe Garnett, Janney, jasper, Leake, McCandlish, William Mar¬ 
tin, Meredith, Moore, Morris, Pendleton, Petty, Purkins, Francis W. 
Scott, Robert E. Scott, Shell, Sloan, Arthur R. Smith, Benjamin H. 
Smith, James Smith, Snowden, Southall, Strother, Trigg, Samuel 
Watts, William Watts, Ira Williams, Wingfield—38. 

The question then recurred upon adopting the resolution of Mr. Brax¬ 
ton, and Mr. Wise demanded the main question, which was ordered, and 
the resolution rejected, ayes 36, noes 67. 

On motion of Mr. W r isE, the vote was recorded as follows: 

Ayes —Messrs. Anderson, Bowles, John A. Carter, Chambliss, Chilton, 
Cocke, Conway, Davis, Fuqua, Janney, Jasper, Leake, McCandlish, Wil¬ 
liam Martin, Meredith, Moore, Morris, Pendleton, Petty, Purkins, F. W. 
Scott, Robert E* Scott, Shell, Sloan, Arthur R. Smith, Benjamin H. 
Smith, James Smith, Snowden, Southall, Stanard, Strother, Trigg, 
^Samuel Watts, William Watts, Ira Williams, Wingfield—36. 

JVoes —Messrs. Mason, (Pres’t.) Armstrong, Arthur, Banks, Barbour, 
Beale, Bird, Blue, Bocock, Botts, Brown, Byrd, Camden, Carlile, Dale 
Carter, Chapman, Cox, Faulkner, Ferguson, Finney, Fisher, Floyd, 
Fultz, Gaily, Goode, Hall, Hays, Hoge, Hopkins, Jacob, Johnson, Jones, 
Kilgore, Knote, Letcher, Ligon, Lucas, Lynch, McCamant, McComas, 


404 


Jefferson T. Marlin. Miller, Murphy, Neeson, Newman, Randolph, Rid¬ 
ley, Rives, Saunders, Scoggin, Robert G. Scott, Sheffey, Joseph Smith, 
William Smith, Snodgrass, Stephenson, Straughan, Stuart, Summers, 
Tate, Turnbull, Van Winkle, Whittle, Samuel C. Williams, Wise,Wool- 
folk, Worsham—67. 

On motion of Mr. Kilgore, the Convention then took up for considera¬ 
tion the report of the committee on the apportionment of Delegates and 
Senators. 

Mr. Kilgore moved to amend the report, by adding to the end of the 
1st section the following: 

(i At the first general election, the county of Lee shall elect two dele¬ 
gates, and the county of Scott one; at the second general election, the 
county of Scott shall elect two delegates, and the county of Lee one dele¬ 
gate ; and at all future general elections, the representatives of the said 
counties shall alternate in manner aforesaid : so that at one election the coun¬ 
ty of Lee shall elect two delegates, and the county of Scott one delegate ; 
and at the other, the county of Lee shall elect two delegates, and the county 
of Scott one delegate.” 

The said amendment being submitted to the Convention, was rejected. 

Mr. Carlile moved farther to amend the report in the 5th section, 10th 
line, by striking out the word “ three,” and inserting in lieu thereof the 
word “two.” 

Upon this motion of Mr. Carlile, Mr. Ridlev demanded the main 
question, which was ordered, and the amendment rejected, ayes 47, 
noes 64. 

On motion of Mr. Fuqua, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Banks, Barbour, Bird, Blue, Bowden, 
Brown, Byrd, Camden, Carlile, Dale Carter, John A. Carter, Chilton, 
Ferguson, Fisher, Floyd, Fulkerson, Fultz, Hays, Hoge, Jasper, John¬ 
son, Kenney, Kilgore, Letcher, MeCamant, Jefferson T. Martin, Murphy, 
Neeson, Newman, Fendleton, Robert E. Scott, Benjamin H. Smith, Jo-* 
seph Smith, William Smith, Snodgrass, Snowden, Stephenson, Stewart, 
Strother, Stuart, Tate, Trigg, White, Ira Williams, Samuel C. Williams, 
Woolfolk—47. 

Noes —Messrs. Mason, (Pres’t.) Anderson, Arthur, Botts, Bowles, 
Braxton, Chambliss, Chapman, Claiborne, Cocke, Conway, Cox, Davis, 
Douglas, Faulkner, Finney, Flood, Fuqua, Gaily, Garland, Muscoe R. 
H. Garnett, Muscoe Garnett, Goode, Hall, Hopkins, Jacob, Janney, 
Jones, Knote, “Leake, Ligon, Lynch, Lyons, McCandlish, McComas, 
Wm. Martin, Meredith, Miller, Moore, Morris, Petty, Randolph, Ridley, 
Rives, Saunders, Scoggin, Francis W. Scott, Robt. G. Scott, Shell, Ar¬ 
thur R. Smith, James Smith, Southall, Stanard, Straughan, Summers, 
Taylor, Turnbull, Van Winkle, Samuel Watts, William Watts, Whittle, 
Wingfield, Wise, Worsham—64. 

Mr. Scott, of Fauquier, moved that that portion of the report which 
relates to the eastern portion of the commonwealth be recommitted to the 
committee, with instructions to re-apportion Delegates and Senators in the 
, eastern portion. 

Upon this, Mr. Muscoe Garnett demanded the main question, which 
was ordered, and the motion rejected, ayes 43, noes 72. 

On motion of Mr. Scott, of Fauquier, the vote was recorded as follows; 


Ayes —Messrs. Anderson, Armstrong, Barbour, Brown, Byrd, Cam¬ 
den, Dale Carter. John A. Carter, Chapman, Chilton, Claiborne, Cox, 
Faulkner, Ferguson, Fulkerson, Hays, Hoge, Jacob, Janney, Jones, Kil¬ 
gore, Lucas, Lynch, McCamant, Jefferson T. Martin, William Martin, 
Moore, Murphy, Saunders, Robert E. Scott, Benjamin H. Smith, Joseph 
Smith, Snodgrass, Snowden, Stewart, Strother, Summers, Tate, Trigg, 
Van Winkle, White, Ira Williams, S. C. Williams—43. 

JVoes —Messrs. Mason, (Preset.) Arthur, Banks, Beale, Bird, Blue, 
Bocock, Botts, Bowden, Bowles, Braxton, Carlile, Chambliss, Cocke, 
Conway, Davis, Douglas, Finney, Fisher, Flood, Floyd, Fultz, Fuqua, 
Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, 
Hopkins, Johnson, Kenney, Knote, Leake, Letcher, Ligon, Lyons, Mc- 
Candlish, McComas, Meredith, Miller, Morris, Neeson, Newman, Pen¬ 
dleton, Petty, Purkins, Randolph, Ridley, Rives, Scoggin, Francis W. 
Scott, Robert G. Scott, Seymour, Shell, Arthur R. Smith, James Smith, 
William Smith, Southall, Stanard, Stephenson, Straughan, Stuart, Tay- 
Jor, Turnbull, Samuel Watts, Wm. Watts, Whittle, Wingfield, Wise, 
Woolfolk, Worsham—72. 

Mr. Wise moved to suspend the rule, requiring that the articles of the 
Constitution should be read twice before being referred to the committee on 
the revision. 

The said motion was agreed to by the Convention. 

On further motion of Mr. Wise, 

Ordered , That the report, as amended, be referred to the committee on 
engrossment and revision. 

Mr. Summers submitted the following resolution : 

Resolved , That the committee on revision be instructed to assign two 
Senators to the city of Richmond, and to transfer one of the Delegates, 
now apportioned to said city, to the county of Fauquier, if it be found 
practicable to give two Senators to Richmond without doing injustice to 
the district in which it is situated: and if such apportionment cannot be 
justly made, that then said committee assign one Senator to the county of 
Fauquier.” 

The question being upon the adoption of the resolution, Messrs. Conway 
and Claiborne both addressed the Chair; and the President being un¬ 
able to determine which of the two members had first risen, submitted the 
question to the Convention, and it was decided that Mr. Conway had first 
risen. 

Mr. Conway then demanded the main question, whieh was ordered, and 
the resolution of Mr. Summers rejected, ayes 22, noes 83. 

On motion of Mr. Carlile, the vote was recorded as follows: 

Ayes —Messrs. Botts, Dale Carter, John A. Carter, Chapman, Chilton, 
Cocke, Janney, Kilgore, McCamant, Jefferson T. Martin, Murphy, Pen¬ 
dleton, Robert E. Scott, Benjamin H. Smith, Joseph Smith, Snowden, 
Stewart, Strother, Summers, Trigg, Van Winkle, White—22. 

Noes —Messrs. Mason, (Pres’t.) Anderson, Armstrong, Arthur, Banks, 
Beale, Blue, Bocock, Bowden, Bowles, Braxton, Brown, Byrd, Carlile, 
Chambliss, Claiborne, Conway, Cox, Davis, Douglas, Faulkner, Fergu¬ 
son, Finney, Fisher, Flood, Floyd, Fultz, Garland, Muscoe R. H. Gar¬ 
nett, Muscoe Garnett, Goode,Hall, Hays, Jasper, Johnson, Jones, Ken¬ 
ney, Leake, Letcher, Ligon, Lucas, Lynch, Lyons, McCandiish, Wm. 



406 


Martin, Meredith, Miller, Moore, Morris, Neeson, Newman, Petty, Pur* 
kins, Randolph, Ridley, Rives, Saunders, Scoggin, Francis W. Scott, 
Robert G. Scott, Shell, Sloan, Arthur R. Smith, James Smith, Snod¬ 
grass, Southall, Stanard, Stephenson, Straughan, Stuart, Tate, Taylor, 
Turnbull, Samuel Watts, William Watts, Whittle, Ira Williams, Samuel 
C. Williams, Wingfield, Wise, Woolfolk, Worsham—S3. 

Mr. Finney submitted a motion, that the Convention take up and con¬ 
sider the report of the committee on the Schedule. 

Upon this motion, Mr. Conway demanded the main question, which was 
ordered, and the motion of Mr. Finney agreed to. 

The Convention then proceeded to the first reading of the said report, 
and, completing the same, proceeded to the second reading of the same. 

Mr. Jones moved to amend the report, by striking out the first eleven 
sections thereof, and inserting, in lieu thereof, the following : 

11 The President of the Convention shall certify a true copy of the 
amended Constitution to the Governor, with the request that it be submit¬ 
ted, for ratification or rejection, to the voters qualified, under the existing 
Constitution, to vote for members of the General Assembly, at the election 
in October, pursuant to the provisions of the act of the General Assembly, 
entitled “ an act to postpone the elections for the present year, and for other 
purposes/’ passed the 13th day of March, 1851.” 

Before submitting the said amendment, 

Mr. Botts moved to amend the report in the 3d section and 10th line, 
by inserting, after the word “existing,” the words “and amended.” 

Upon this amendment, Mr. Wise demanded the main question, but the 
Convention refused to order the same. 

Mr. Carlile moved to suspend the rule limiting the speeches of mem¬ 
bers to ten minutes; and the motion being submitted to the Convention, 
w r as decided in the negative. 

On motion of Mr. Muscoe Garnett, 

Ordered, That the report be laid upon the table. 

On further motion of Mr. Muscoe Garnett, 

Resolved , That the Convention will take a recess to-day from two till 
four o’clock. 

On motion of Mr. Conway, the Convention then took up and resumed 
the consideration of the report of the committee on the Schedule ; the 
amendment proposed by Mr. Botts being under consideration. 

Upon this amendment, Mr. Scott, of Caroline, demanded the main 
question, which was ordered, and the amendment adopted, ayes 59, 
noes 44. 

On motion of Mr. Douglas, the vote was recorded as follows : 

Ayes —Messrs. Armstrong, Arthur, Banks, Bird, Blue, Bocock, Botts, 
Bowden, Brown, Camden, Carlile, Chambers, Chambliss, Chapman, Davis, 
Finney, Fisher, Flood, Floyd, Fultz, Gaily, Muscoe Garnett, Hays, 
Hoge, Hopkins, Jacob, Jasper, Johnson, Kilgore, Knote, Letcher, Lucas, 
Lynch, Lyons, McCamant, Jefferson T. Martin, Wm. Martin, Meredith, 
Miller, Moore, Murphy, Neeson, Newman, Pendleton, Sloan, Benjamin 
H. Smith, Joseph Smith, William Smith, Snodgrass, Snowden, Ste¬ 
phenson, Stewart, Summers, Tate, Trigg, Turnbull, Van Winkle, Samuel 
C. Williams, Wingfield—59. 

Noes —Messrs. Mason, (Pres’t.) Barbour, Bowles, Braxton, Byrd, 


40/ 

John A. Carter, Chilton, Cocke, Conway, Cox, Douglas, Faulkner? 
Fuqua, Garland, Muscoe R. H. Garnett, Hall, Janney, Jones, Kenney, 
Leake, McCandlish, Morris, Petty, Purkins, Randolph, Ridley, Rives, 
Scoggin, Francis W. Scott, Robert G. Scott, Shell, Arthur R. Smith, 
James Smith, Southall, Straughan, Taylor, Samuel Watts, William 
Watts, White, Whittle, Ira Williams, Wise, Woolfolk, Worsham—44. 
The hour of two o’clock having arrived, the Convention took a recess. 

_ 7 


At four o’clock, the Convention re-assembled, and the President, by 
leave of the Convention, submitted a communication from Wm. Culley, 
Printer to the Convention, which w 7 as read as follows : 

Richmond, July 30, 1851 < 

Sir: You will do me the favor to lay the enclosed memorial before the 
Convention of Virginia. 

I am, very respectfully, your obedient servant, 

WILLIAM CULLEY, 

Printer to the Convention. 

Hon. JoitN l r . Mason, President. 

On motion of Mr. Stuart, of Patrick, 

Ordered , That the said communication, with the accompanying docu¬ 
ment, be referred to the committee on auditing the account of the Re¬ 
porter. 

Mr. Botts presented a memorial, signed by citizens of Richmond, in 
relation to extending to the citizens of the cities and towns the same privi¬ 
leges, in voting for city and town officers, as are enjoyed by the citizens of 
the counties, in relation to the county officers. 

On motion of Mr. Botts, 

Ordered , That the said memorial be laid upon the table. 

Mr. Botts farther moved, that the report of the committee on the Sche-- 
dule be laid upon the table. 

The said motion being submitted to the Convention, was decided in the 
negative. 

The Convention then passed to the consideration of the said report,- being 
upon its second reading. 

Mr. Ferguson moved to amend the report, by striking out the 4th sec¬ 
tion. 

The said amendment being submitted to the Convention, was rejected, 
ayes 47, noes 60. 

On motion of Mr. Ferguson, the vote w T as recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Banks, Barbour, Bocock, Botts, Brax¬ 
ton, Byrd, Chambliss, Chapman, Chilton, Conway, Cox f Douglas, Fer¬ 
guson, Flood, Fulkerson, Goode, Janney, Jones, Kenney, Kilgore, Leake,. 
Ligon, Lynch, Lyons, McCandlish. Meredith, Purkins, Ridley, Robert 
G. Scott, Shell, Sloan, Arthur R. Smith, James Smith, Southall, Stanard, 
Strother, Stuart, Summers, Taylor, Trigg, Turnbull, William Watts, 
Whittle, S. C. Williams, Woolfolk, Worsham—47. 

Noes —Messrs. Anderson, Armstrong, Arthur, Bird, Blue, Bowles, 
Brown, Camden, Carlile, John A. Carter, Chambers, Claiborne, Davis, 
Edwards, Faulkner, Finney, Fisher, Floyd, Fultz, Fuqua, Gaily, Gar¬ 
land, Muscoe Garnett, Hall, Hays, Hoge, FI opkins,, Jacob, Jasper, John- 



408 


son, Knote, Letcher, Lucas, McCamant, Jefferson T. Martin, Williamtf 
Martin, Miller, Moore, Morris, Murphy, Neeson, Newman, Pendleton, 
Randolph, Rives, Scoggin, Francis W. Scott, Robert E. Scott, Seymour, 
* Benjamin H. Smith, Joseph Smith, William mith, Snodgrass, Ste¬ 
phenson, Stewart, Straughan, Van Winkle, Samuel Watts, White, Wise 
—60. 

Mr. Scott, of Fauquier, moved further to amend the Report, by stri¬ 
king out the 5th section. 

Upon this amendment, Mr. Blue demanded the main question, which 
was ordered, and the amendment agreed to, ayes 64, noes 46. 

On motion of Mr. Carlile the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.,) Anderson, Banks, Barbour, Bird, Bo- 
cock, Braxton, Byrd, Dale Carter, John A. Carter, Chambliss, Chapman, 
Chilton, Cocke, Conway, Cox, Douglas, Ferguson, Flood, Fulkerson, 
Garland, Goode, Hill, Janney, Jones, Kenney, Kilgore, Leake, Letcher, 
Ligon, Lynch, Lyons, McCandlish, Wm. Martin, Meredith, Moore, Mor¬ 
ris, Newman, Pendleton, Petty, Purkins, Ridley, Robert E. Scott, Ro¬ 
bert G. Scott, Seymour, Shell, Sloan, Arthur R. Smith, Benjamin HE 
Smith, Snowden, Southall, Stanard, Strother, Stuart, Summers, Taylor, 
Trigg, Turnbull, Samuel Watts, W 7 hite, Whittle, Samuel C. Williams, 
Woolfolk, Worsham—64. 

Nays —Messrs. Armstrong, Arthur, Blue, Botts, Bowden, Bowles, 
Brown, Camden, Carlile, Chambers, Davis, Edwards, Faulkner, Fisher,- 
Floyd, Fultz, Fuqua, Gaily, Hall, Hays, Hoge, Jacob, Jasper, Johnson, 
Knote, Lucas, McCamant, Jefferson T. Martin, Miller, Murphy, Neeson, 
Randolph, Rives, Scoggin, Francis W. Scott, James Smith, Joseph 
Smith, William Smith, Snodgrass, Stephenson, Stewart, Straughan, Tate, 
Van Winkle, Wingfield, Wise—46. 

The question then recurred upon the amendment proposed by Mr. 
Jones. 

Mr. Brown moved to amend the said amendment, by substituting there¬ 
for the following : 

“ Ordered , That the President of the Convention do certify a true 
copy of the amended constitution to the Governor of the Commonwealth, 
and also a true copy thereof to the next General Assembly ; and that the 
Governor be requested to make proclamation of the same, in the manner 
by the act of the General Assembly, passed March 13th 

The said amendment being submitted to the Convention, was adopted’. 

Mr. Carlile moved to amend the amendment just adopted, by substitu¬ 
ting for it the following : 

It shall be the duty of the Governor, upon receiving the returns of 
said officers, to ascertain the result thereof, and forthwith to declare the 
same by his proclamation, (giving the aggregate vote in the State for 
and against the ratification of the amended Constitution and schedule,) 
to be published at least once a week until the fourth Monday in Novem¬ 
ber next, in such newspapers as, in his opinion, will be best calculated 
to diffuse general information thereof: and if it appear that a majority 
of the votes cast is in favor of ratification, the Governor, at the same 
time, and in like manner, shall make proclamation for holding, on the 
day last mentioned, a general election throughout the State for Dele- 


prescribed 

1851. 


409 


gates and Senators to the Legislature, according to the apportionment 
and districts prescribed in this Constitution ; and also for the election 
of a Governor, Lieutenant Governor, and Attorney General. 

The said amendment being submitted to the Convention, was not 
agreed to. 

The question then recurred upon the amendment as amended, (that is, 
Mr. Brown’s,) and was decided in the affirmative. 

Mr. Wise moved to amend the Report by adding after the 12th section 
the following new section : 

“ When the Legislature, under the existing constitution, shall assemble, 
and the presiding officer of this Convention shall have certified a copy of 
this constitution as amended, and schedule annexed, to the General As¬ 
sembly, it shall be the duty of the General Assembly to proceed immedi¬ 
ately to pass such laws and do such acts as may be necessary to organize 
the government under this amended constitution, in case it be approved 
and ratified ; and in such case the General Assembly shall pass no other 
act whatever, except such annual lax and appropriation bills as may be ne¬ 
cessary for the ordinary expenses of the government.” 

Pending the consideration of the said amendment, 

On motion of Mr. Hays, the Convention took a recess until 8 o’clock 
this evening. 

At eight o’clock the President resumed the Chair, and stated the 
question to be upon the adoption of the amendment of Mr. Wise. 

Upon this amendment, Mr. Woolfolk demanded the main question, 
which was ordered and the amendment agreed to, ayes 58, noes 3L 

On motion of Mr. Lucas, the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Armstrong, Banks, Barbour, Blue, Bo- 
cock, Bowden, Bowles, Brown, Byrd, J. A. Carter, Chambers, Chambliss, 
Conway, Douglas, Faulkner, Finney, Fisher, Flood, Fuqua, Garland, M. 
R. H. Garnett, Muscoe Garnett, Hall, Hays, Hill, Jacob, Kenney, Knote, 
Leake, Letcher, Ligon, Lucas, Wm. Martin, Morris, Murphy, Neeson, 
Randolph, Rives, Scoggin, Francis W. Scott, Seymour, Shell, Arthur R, 
Smith, James Smith, Joseph Smith, Stewart, Straughan, Stuart, Taylor, 
Turnbull, Samuel Watts, White, Ira Williams, Samuel C. Williams, Wise, 
Woolfolk, Worsham—58. 

Noes —Messrs. Anderson, Bird, Botts, Camden, Carlile, Chapman, 
Cocke, Cox, Davis, Ferguson, Floyd, Goode, Hoge, Janney, Jasper, 
Jones, McCamant, Meredith, Miller, Pendleton, Robert E. Scott, ShefFey, 
William Smith, Stanard, Strother, Summers, Tate, Trigg, Van Winkle, 
William Watts, Whittle—31. 

On motion of Mr. Ferguson, the report was laid upon the table. 

Mr. Ferguson submitted the following resolution : 

“ Resolved , That the committee on revision be instructed so to amend 
the report on the basis of representation, and apportionment thereof, as to 
make the House of Delegates consist of one hundred and fifty-two mem¬ 
bers, and to add one of the additional delegates to Monroe, and the other 
to Fauquier; and that this Convention will make no other changes in rela¬ 
tion thereto.” 

Upon this resolution, Mr. Pendleton demanded the main question, 
which was ordered, and the resolution adopted, ayes 61, noes 34. 

52 



On motion of Mr. Douglas, the vote wds recorded as follows i 

Ayes —Messrs. Anderson* Armstrong, Barbour* Blue, Botts, Bowden, 
Camden, Carlile, John A. Carter, Chambers, Chapman, Chilton, Davis, 
Edwards, Ferguson, Fisher, Floyd, Garland, Hill,Hoge, Jacob, Janney, 
Jasper, Kenney, Kilgore, Knote, Letcher, Ligon, Lyons, McCamant, 
William Martin, Meredith, Miller, Moore, Neeson, Newman, Pendleton, 
Randolph, Robert E. Scott, Robert G. Scott, Seymour, Shell, Sheffey, 
Benjamin H. Smith, Joseph Smith, William Smith, Snodgrass, Snow¬ 
den, Stephenson, Stewart, Strother, Stuart, Summers, Tatfr, Taylor, 
Trigg, Van Winkle, Samuel Watts, William Watts, White, Wingfield— 
61. 

Nays —Messrs. Mason, (Pres’t,) Banks, Bocock, Bowles, Braxton,Cham¬ 
bliss, Cocke, Conway, Cox, Douglass, Faulkner, Flood, Fuqua, M. R. H. 
Garnett, M.Garnett,Goode, Hall, Hays, Jones, Leake, Lynch, Morris, Mur¬ 
phy, Rives, Scoggin, Francis W. Scott, Arthur R. Smith, Stanard, 
Straughan, Turnbull, Whittle, Samuel C. Williams, Wise, Worsham— 
34. 

Mr. Botts submitted the following resolution: 

“ Resolved , That the committee on revision be instructed to insert the 
following provision in the report of the committee on County Courts &c., 
as amended, and referred to them: 

“ Such officers of the cities of Richmond and WilliamsBiifg, as corres¬ 
pond in their duties with those of the several counties provided for in this 
constitution, shall be elected in like manner, and no other qualification shall 
be required of the voter than is imposed by this constitution for the elec* 
tion of any officer that may, by charter or law be authorized to be made by 
the people.” 

Mr. Conway moved indefinitely to postpone the above resolution^ 

Upon this motion, Mr. Muscoe Garnett demanded the main questibttk 
which was ordered, and the motion of Mr. Conway agreed to, ayes 49, 
noes31. 

On motion of Mr. Botts, the vote was recorded as follows: 

Ayes —Messrs. Mason, (Pres’t.) Banks, Barbour, Bocock, Bowles, 
Braxton, Byrd, John A.- Carter, Chambers, Chambliss, Cocke, Coit* 
way, Douglas, Flood, Fulkerson, Fuqua, Muscoe R. H. Garnett, Goode,. 
Hall, Hill, Janney, Jasper, Jones, Kenney, Leake, Lyons, Miller, Mor¬ 
ris, Purlrins, Scoggin, Francis W. Scott, Robert E. Scott, Robert G. 
Scott, Shell, A. R. Smith, James Smith, Snowden, Stanard, Strother, Tay¬ 
lor, Trigg, Turnbull,'Samuel Watts, William Watts, White, Whittle, 
Ira Williams, Wise, Worsham—49. 

Noes —Messrs. Armstrong, Blue, Botts, Bowden, Brown, Chapman,• 
Chilton, Davis, Ferguson, Fisher, Floyd, Muscoe Garnett,-Hay s,-Hoge,- 
Letcher, Lucas, McCamant, Murphy, Neeson, Newman, Randolph,- 
Rives, Joseph Smith, William Smith, Snodgrass, Stephenson,-Stewart, 
Straughan, Van Winkle, S. C. Williams—31. 

On motion of Mr. Wise, the Convention agreed to take up and'Con¬ 
tinue the consideration of the report of the committee on the schedule:- 

Mr. Bocock moved to amend the said report as amended, by substituting: 
therefor the following: 

1. It shall be the duty of the President of the Convention, iramedi- 
ately on its adjournment, to certify a copy of the Bill of Rights, Constitu*' 


411 


lion and Schedule^ adopted by the Convention, to the Governor, that he may 
proceed, in relation thereto, as required by the act of Assembly, passed the 
13th of March, 1851. And it shall be the duty of the Governor, and all 
’other officers concerned, to proceed thereon in all things according to the 
provisions of that act. 

2. In addition to the returns therein required to be made to the General 
Assembly, the proper officers shall make returns of the true state of the 
polls in each county and corporation, on the adoption of the Constitution, 
to the Governor, within ten days after the election ; and if from such re¬ 
turns as he shall receive, the Governor shall have good cause to believe that 
the new Constitution has been adopted by a majority of the voters, he is 
hereby requested, by proclamation, to convene the General Assembly on 
or before the day of 1851. 

3., The General Assembly, whenever it convenes, shall immediately, 
upon ; its assembling, proceed to examine the returns made to them, under 
the provisions of said act, and if, upon such examination, they shall find 
that a majority of the votes cast have been for adopting the amended Con¬ 
stitution, they shall immediately certify that faet to the Governor, and 
thereupon their power and authority as members of the General Assembly 
shall be terminated. 

4. Upon receiving such certificate, the Governor shall forthwith make 
proclamation, that the new Constitution has been adopted, and is in full 
force and authority ; and shall, moreover, by his proclamation, require the 
proper officers, on a day to be named therein, which shall not be later than 

dftys after the convening of the General Assembly, to hold elections in 
their several counties and corporations, for Senators and Delegates to the 
General Assembly, according to the amended Constitution, and for Gov¬ 
ernor, Lieutenant Governor, and Attorney General. 

5. The Senators and Delegates, thus elected, shall meet and assemble a 
the capitol in the f cit}'pf Richmond on the day of 1852; an< 
the Governor, Lieutenant Governor, and Attorney General, thus elected 
shall be qualified and go into office as soon as it shall be ascertained what 
persons have been elected to those offices. 

6. The General Assembly convened under the amended Constitutor 
shall, with all convenient dispatch, pass such laws as may be necessary an<; 
proper to earry that Constitution into full effect, and shall cause election 
of all Judges, Justices, Clerks and other county officers, to be held on o 
before the 1st day of July, 1852. 

7. The official terms of the Delegates elected to the first General As¬ 
sembly under the amended Constitution shall terminate on the first day ol 
July, 1853, and of the Governor, Lieutenant Governor, and Attorney Gen¬ 
eral, on the first day of January, 1856. 

8. All officers under the existing Constitution shall continue in office 
till the commencement of the terms of officers of like character elected or 
appointed under the new Constitution, whether such commencement be fixed 
by the Constitution or by this Schedule, or by act of Assembly, and no 
longer. And all officers under this Constitution, whose offices are dis¬ 
pensed with by this Constitution, shall continue in office till the proclama¬ 
tion of the Governor proclaiming the same to be in force, and no Ion- 

• 

Pending the consideration of the said amendment, 

On motion of Mr. Letcher the Convention adjourned. 


Thursday, July 31, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Empie, of the Methodist Church. 

On motion of Mr. Scott, of Caroline, 

Ordered , That the reading of the journal be dispensed with. 

On motion of Mr. Watts, of Norfolk, 

Resolved , That the Publisher of the Convention be authorised to furnish 
to each of the Assistant Reporters one bound copy of the Register of Debate? 
out of the number heretofore ordered for for this body and for distribution. 

Mr. Scott, of Richmond city, from the committee to whom was referred 
the accounts of the Reporter of the Convention for settlement, submitted a 
report, which was read as follows: 

“ The committee appointed to audit the accounts of Win. G. Bishop, for 
services rendered by him in reporting the Debates of the Convention, have 
had this subject under consideration, and report that they have received 
from Mr. Bishop the accompanying communication, and recommend that the 
Convention adopt the following resolution : 

“ Resolved , That the Secretary of the Convention be, and he is hereby 
authorised, as soon as practicable, to audit and certify for payment, the ac¬ 
count of Wm. G. Bishop, upon the terms contained in his communication 
of the 30th of July, 1851.” 

On motion of Mr. Watts, of Norfolk, 

Ordered , That the said report be laid upon the table. 

The Convention then passed to the consideration of the report of the 
committee on the Schedule, and the President stated the pending question 
to be upon the amendment proposed by Mr. Bocock. 

On motion of Mr. Hays, the report was ordered to be laid upon the 
table. 

Mr. Hays submitted the following, as a Schedule to be attached to the 
amended Constitution : 

1. It shall be the duty of the President of this Convention, immedi- 

2 ately on its adjournment, to certify a copy of the Bill of Rights and 

3 Constitution adopted, together with the schedule thereto annexed, to 

4 the Governor of this commonwealth. 

2. Upon the receipt of such certified copy, the Governor shall, forth- 

2 with, announce the fact by proclamation, to be published in such news- 

3 papers of this State as may be deemed requisite for general information : 

4 and, moreover, shall annex to his proclamation a copy of the Bill of 

5 Rights and Constitution, together with the schedule annexed : and ten 

G printed copies thereof shall, by the Secretary of the Commonwealth 

7 be immediately transmitted, by mail, to the clerk of each county and 

8 corporation court in this commonwealth, to be by such clerk submitted 

9 to the examination of any person desiring the same. 

3. The officers authorized by existing laws to conduct general elec- 

2 tions in this commonwealth, shall, at the places appointed for holding 

3 the same, open a poll book on the day of next, to 

4 be headed, “ The Constitution as amended and Schedule,” and to 

5 contain two separate columns; the first column to be headed, “for rati- 

6 fying the other to be headed, “ for rejecting.” And such officers, 

7 keeping said polls open for the space of three days, shall, then and 

8 there, receive, and record in said poll book, the votes of all persons fqr 


9 and against this Constitution and Schedule, qualified, under the exist- 
10 ing or amended Constitution, to exercise the right of suffrage. 

4. The taking said polls, the duties to be performed by said officers, 

2 the privilege of the voters, and the penalties attaching for misconduct 

3 on the part of any person, shall be, in all things, as prescribed by the 

4 2d, 3d, 4th, 7th, 8th and 9th sections of the act of the General Assem- 

5 bly, passed March 4th, 1850, entitled “ An act to take the sense of the 
■6 people upon the call of a Convention, and providing for organizing the 
7 same,’’ so far as the provisions of said sections may be applicable. 

5. It shall be the duty of the Governor, upon receiving the returns of 

2 said officers, to ascertain the result thereof, and forthwith to declare the 

3 same by his proclamation, (giving the aggregate vote in the State for 

4 and against the ratification of the amended Constitution and schedule,) 

5 to be published in such newspapers as, in his opinion, will be best calcu- 

6 lated to diffuse general information thereof: and if it appear that a ma- 

7 jority of the votes cast is in favor of ratification, the Governor, at the 

8 same time, and in like manner, shall make proclamation for holding, on 

9 the day of , a general election throughout the State for Dele- 

10 gates and Senators to the Legislature, according to the apportionment 

11 and districts prescribed in this Constitution; and also for the election 

12 of a Governor, Lieutenant Governor, and Attorney General. 

6. The officers authorised by existing laws to hold and conduct gene- 

2 ral elections in this Commonwealth shall hold and conduct the elections 

3 herein required—such officers and others to be governed and controled 

4 therein by the provisions of said laws, so far as the same may be appli- 

5 cable to, and necessary for, the due and proper conducting of said elec- 

6 tions. In holding said elections, the said officers shall keep a separate 

7 poll for Governor and Lieutenant Governor ; a separate poll for Attor- 

8 ney General, and a separate poll for Senators and Delegates to the 

9 General Assembly. 

7. In the election of Senators and Delegates from districts composed 

2 of more than one county, the officers conducting the same at the court- 

3 houses of the several counties or corporations forming such district, 

4 shall assemble on the eighth day after the commencement of said elec- 

5 tion, at the court-house of the county first named in this Constitution 

6 as one of the counties of said district, for the purpose of comparing the 

7 polls and ascertaining the result of said elections; and due returns of 

8 such elections, as well as of all the elections in the several districts, 

9 counties, cities and towns of the Commonwealth, as soon as ascertained, 
L0 shall, by the officers conducting the same, be verified by oath or affirma- 

11 tion before some Justice of the Peace, be sealed up and transmitted by 

12 mail to the Secretary of the Commonwealth. 

8. The Members of the General Assembly so elected shall meet at the 

2 Capitol, in the city of Richmond, on the second Monday in January 

3 next, and then and there organize as the General Assembly of Virginia ; 

4 who, before such organization, shall respectively take an oath to sup- 

5 port the Constitution of Virginia, and the oath of office now prescribed 

6 by law, to be administered by any Judge of this Commonwealth : a 

7 certificate of the oaths so to be taken to be lodged, by the Judge ad- 

8 ministering the same, with, and to be preserved by, the Secretary of the 

9 Commonwealth. 


414 


9. The returns of the election of Governor, Lieutenant Governor and 

2 A-ttorney General shall be retained by the Secretary of the Common- 

3 wealth ; and immediately on the organization of the two houses of the 

4 General Assembly, he shall deliver the same to the Speaker of the 

5 House of Delegates, who, in presence of the two houses, shall open the 
G same, and declare the result thereof. 

10. All persons holding office under the present Constitution, or under 

2 the laws passed in pursuance thereof, and not abolished by this Con- 

3 stitution, shall continue in office .until their successors, who may be 

4 elected in the manner prescribed in this Constitution, be qualified, and 

5 no longer. 

11. Should this Constitution be ratified, an<J a vacancy occur in the 

2 office of Governor before his successor is duly qualified, the powers and 

3 duties of said office, until such vacancy is supplied, shall be discharged 

4 by the Secretary of the Commonwealth; and should a vacancy occur 

5 in the office of Judge, after such ratification, and before the election of 

6 his successor, as provided for in this Constitution, such vacancy may 

7 be provided for by law until the same is supplied by such election. 

12. All laws in fprce at the time of the adoption of this Constitution, 

2 and not inconsistent therewith, and all rights, prosecutions, actions, 

3 claims, and contracts, shall remain and continue as if this Constitution 

4 were not adopted. 

The Legislature shall pass all necessary laws for carrying this Conr 
2 stitution into full effect and operation. 

Mr. Muscoe Garnett moved to fill the blank in the 3d section, 3d line, 
with “the 4th Thursday in September.” 

Mr. Knote moved to fill the said blank with “the second Thursday in 
September.” 

Upon the motion of Mr. Knote, the main question was ordered, op mo¬ 
tion of Mr. Wise, and the motion agreed to. 

Mr. Taylor moved that the plan of Schedule submitted by Mr. Hays, 
as amended, be laid upon tlie table, and it was decided in the affirmative, 
ayes 54, noes 52. 

On motion of Mr. M. R. H. Garnett, the vote was recorded as follows: 
Ayes —Messrs. Mason, (Pres’t) Banks, Barbour, Bocock, Bowden, 
Bowles, Braxton, Byrd, Dale Carter, John A. Carter, Chambliss, phil- 
ton, Cocke, Conway, Douglas, Ferguson, Fisher, Fulkerson, Muscoe 
R. H. Garnett, Goode, Hill, Hopkins, Janney, Jasper, Jones, Kenney, 
Kilgore, Letcher, Lynch, William Martin, Meredith, Moore, Petty, Pur- 
kins, Ridley, Robert E. Scott, Robert G. Scott, Seymour, Shell, Sloan, 
Arthur R. Smith, Snowden, Southall, Stanard, Strother, Taylor, Turn- 
bull, Van Winkle, Samuel Watts, William Watts, Whittle, Ifa Wil¬ 
liams, Woolfolk, Worsham—54. 

Noes —Messrs. Anderson, Armstrong, Arthur, Bird, Blue, Botts, 
Brown, Carlile, Chambers, Chapman, Cox, Davis, Edwards, Faulkner, 
Finney, Floyd, Fuqua, Gaily, Muscoe Garnett, Hall, Hays, Hoge ; 
cob, Johnson, Knote, Leake, Lucas, Lyons, McCamant, MpCorrias, 
Jefferson T. Martin, Miller, Morris, Murphy, Neeson, Pendleton, 
Randolph, Rives, Scoggin, Francis W. Scott, Benjamin H. Smith, 
James Smith, Joseph Smith, Stephenson, Stewart, Straughan, Stuart, 
Summers, Tate, S. C. Williams, Wingfield, Wise—52. 


On motion of Mr. Pendleton, the Convention agreed to take up arm 
consider the report of the committee on the Schedule. 

Mr. Bocock, by leave of the Convention, withdrew his amendment to 
the said report. 

Mr. Anderson submitted a motion to suspend the 8th rule, and recon¬ 
sider the vote by which the Convention agreed to strike out the 5th sec*' 
tion of the report. 

Upon the said motion, Mr. Wise demanded the main question, which 
was ordered, and the motion of Mr. Anderson agreed to, ayes 54, 
noes 48. 

On motion of Mr. Stanard, the vote was recorded as follows: 

Ayes —Messrs, Anderson, Armstrong, Arthur, Bird, Blue, Bocock, 
Bowden, Brown, Garble, Chambers, Chapman, Chilton, Cox, D&Vis, 
Faiffkner, Finney, Fisher, Floyd, Fuqua, Gaily, Muscoe Garnett, Hall, 
Hays, Hoge, Jacob, Johnson, Knote, Letcher, Lucas, McCamant, Jeffer¬ 
son T. Martin, Miller, Morris, Murphy , Neeson, Newman, Pendleton, 
Randolph, Rives, Scoggin, Francis W. Scott, Robert E. Scott, Benja¬ 
min H. Smith, James Smith, Joseph Smith, Stephenson, Stewart, Straugh- 
an,- Stuart,- Summers, Tate, Samuel C. Williams, Wingfield, Wise—54. 

JYays —Messrs. Mason, (Pres’t,) Banks, Barbour, Braxton, D. Carter, J. 
A\. Carter, Chambliss, Cocke, Conway, Douglas, Ferguson, Fulkerson,- 
Muscoe R. H. Garnett, Goode, Hill, Hopkins, JannOy,- Jasper, Jones, 
Kenney, Kilgore, Leake, Ligon, Wm. Martin, Meredith, Petty, Purkins, 
Ridley, Seymour, Shell, Sloan, Arthur R. Smith, Snowden, Southall, 
Stanard, Strother, Taylor, Trigg, Turnbull, Samuel Watts, William- 
Watts, White, Whittle, Ira Williams, Woolfolk, Worsham—48. 

The question then recurred upon the motion to strike out the 5th section; 

Mr. Conway moved to amend the motion, by striking out the said sec¬ 
tion, and inserting in lieu thereof the following: 

cc l. The General Assembly,- which shall convene on the 2d Monday in- 
January, 1852, shall forthwith proceed to examine the votes upon the rati¬ 
fication or rejection of the amended Constitution ; and if it shall be ascer¬ 
tained that the said Constitution is adopted, proclamation thereof shall be 
forthwith made by the Governor. 

“2. The said General Assembly shall continue in session for days' 
after the said proclamation is made, and may pass all laws necessary to put 
into operation the new Constitution, and exercise the general powers of a 
complete Legislature: Provided , that the said Legislature shall not pUSS' 
any law appropriating money to purposes of internal improvement, of 
pledging the faith of the State in any form for the debts or obligations of 
any company or corporation whatever.” 

Mr. Wise demanded a division of the question, and it was* first put upon 
striking out the 5th section, and decided in the negative. 

So that the amendment of Mr. Conway was rejected. 

Mr. Smith, of Kanawha, then moved to suspend the 8th rule, and re- 
Consider the vote striking out the first eleven sections of the report, and 
inserting the amendment of Mr. Jones as amended; and the motion was 
decided in the affirmative. 

The question then recurred upon the amendment of Mr. Jones as amend¬ 
ed, and, a division being demanded, the question was first put upon striking- 
out the first eleven sections, and was decided in the negative. 


So the amendment of Mr. Jones, as amended, was rejected. 

Mr. Bocock moved to amend the report of the committee on the Sche* 
d'ule, by adding at the end thereof the following : 

“ The official terms of the first Delegates elected to the General As¬ 
sembly under this constitution shall expire on the 30th day of June, in the 
year 1853. 

The official term of the first Governor, Lieutenant Governor, and At¬ 
torney General, elected under this constitution, shall expire on the 31st 
day,of December, in the year 1855. - • 

The question upon the adoption of the said amendment being submitted 
to the Convention, was decided in the affirmative. 

The said amendment being submitted to the Convention, was agreed 
to. 

On motion of Mr. Wise; 

Ordered , That the report under consideration, as amended, be referred 
to the committee of revision and engrossment. 

Mr. Botts submitted the following resolution : 

“ Resolved , That the committee on revision be instructed to insert the 
following provision in the report of the committee on County Courts, &c. 
as amended, in lieu of the last section thereof: 

“ Such officers of the cities and towns, as correspond in their duties with 
those of the several counties provided for in this constitution, shall be elec¬ 
ted in like manner ; and no other qualification shall be required of the voter, 
than is imposed by this constitution for the election of any officer that may, 
by charter or law, be authorized to be made by the people.' 15 

Upon the said resolution, Mr. Carlile demanded the main question, 
which was ordered, and the resolution rejected, ayes 37, noes 58. 

On motion of Mr. Botts, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Bird, Blue, Botts, Bowden, 
Brown, Carlile, Dale Carter, Chapman, Davis, Ferguson, Fisher, Floyd, 
Gaily, Hays, Hoge, Johnson, Kilgore, Knote, Lucas, McCamant, Jeffer¬ 
son T. Martin, Meredith, Murphy, Neeson, Pendleton, Randolph, Rives, 
Joseph Smith, Snowden, Stephenson, Stewart, Tate, Van Winkle, S. C. 
Williams, Wingfield—37. 

Noes —Messrs. Mason, (Pres’t.) Arthur, Banks, Bocock, Bowles, 
Braxton, R. E. Byrd, John A. Carter, Chambers, Chambliss, Conway, 
Cox, Finney, Flood, Fulkerson, Fuqua, Muscoe R. H. Garnett Muscoe 
Garnett, Goode, Hall, Hopkins, Jacob, Janney, Jasper, Jones, Kenney, 
Leake, Ligon, Lyons, Miller, Moore, Morris, Petty, Purkins, Ridley, 
Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, Shell, 
Sloan, Arthur R. Smith, James Smith, Southall, Stanard, Straughan, 
Strother, Stuart, Summers, Taylor, Trigg, Turnbull, Samuel Watts, 
William Watts, Whittle, Wise, Woolfolk, Worsham—58. 

On motion of Mr. Scott, of Richmond city, the Convention agreed to 
take up and consider the report of the committee to whom the accounts 
6f the Reporter of the Convention were referred. 

The question being put upon agreeing with the resolution of the said 
committee, was decided in the affirmative. 

On farther motion of Mr. Scott, the said committee was discharged 
from the further consideration of the memorial of William Culley, Printer 
to the Convention- 


On motion of Mr. YV ise, the Convention agreed to take up and consider 
resolutions offered by him on yesterday, in relation to the publication of the 
proceedings of the session of the Convention in October last, and the mode 
in which payment should be made therefor. 

The question being put upon agreeing to the said resolutions, was deci¬ 
ded in the affirmative. 

Mr. Stanard submitted the following resolution, which, on motion of 
Mr. Wise, was ordered to be laid upon the table : 

“ Resolved , That the committee on revision be instructed to strike out 
the 3d section of the 4th article of the report on the Legislative depart¬ 
ment, and insert the following : 

The Legislature shall have power to lay an income tax, and a tax on 
salaries, but no tax shall be levied on incomes derived from property other¬ 
wise taxed. 57 

On motion of Mr. Pendleton, the Convention then agreed to take a re¬ 
cess until four o’clock. 


At four o’clock the Convention re-assembled. 

Mr. Botts submitted the following resolution, which, on motion of Mr. 
Muscoe Garnett, was ordered to be laid upon the table: 

“ Resolved , That the Secretary certify the bills of William Culley, for 
such printing as he has done and may do for this Convention, at the same 
rates for composition and press-work as have been allowed to Robert H. 
Gallaher for the composition and press-work which he has done for this 
Convention, making the usual differences between plain composition and rule 
and figure work, and deducting from said allowance the sums already paid 
the said Culley for such composition and press-work as he has heretofore 
done.” 

Mr. Woolfolk submitted a motion that the Convention take up and 
consider the resolution just laid upon the table ; and the motion was rejec¬ 
ted, ayes 45, noes 47. 

On motion of Mr. Scott, of Richmond city, the vote was recorded as 
follows : 

Ayes —Messrs. Mason, (Pres’t.) Bird, Botts, Bowden, Bowles, Camden, 
Dale Carter, Chilton, Cox, Davis, Douglas, Finney, Floyd, Gaily, Hill, 
Hoge, Jacob, Janney, Kilgore, Letcher, Ligon, McCamant, McComas, 
Meredith, Newman, Pendleton, Randolph, Rives, Arthur R. Smith, Ben¬ 
jamin H. Smith, James Smith, William Smith, Southall, Stephenson, 
Straughan, Strother, Stuart, Summers, Tate, Taylor, Van Winkle, White, 
Samuel C. Williams, Wise, Woolfolk—45. 

Noes —Messrs. Anderson, Armstrong, Arthur, Banks, Barbour, Bo- 
cock, Brown, Carlile, Chambers, Chambliss, Conway, Edwards, Faulkner, 
Fisher, Fulkerson, Fultz, Fuqua, Muscoe Garnett, Goode, Hall, Hopkins, 
Jasper, Jones, Kenney, Leake, Lucas, Lynch, Lyons, Jefferson T. Martin, 
Moore, Morris, Neeson, Petty, Purkins, Ridley, Scoggin, F. W. Scott, 
Robert E. Scott, Robert G. Scott, Shell, Sloan, Joseph Smith, Snow¬ 
den, Turnbull, Samuel Watts, Whittle, VY orsham—47. 

Mr. Carlile moved that the Convention take a recess for ten minutes, 
and the motion was decided in the negative. 

Mr. Ligon submitted the following resolution : 

Resolved , That the Secretary of the Convention have copies of th* 

53 



418 


new or amended constitution printed as early as practicable for each mem¬ 
ber of the Convention, and cause the same to be transmitted, postage paid, 
to the Clerks of the respective counties. 

Mr. Jasper moved to amend the resolution, by inserting after the word 

amended,” the words “ and existing,” and the amendment was r'ejec- 
ted. 

Mr. Hopkins moved to amend the resolution, by striking out all after 
the word “paid. 55 

Mr. Oarlile moved that the resolution and amendment be indefinitely 
postponed, and the motion was rejected. 

The amendment of Mr. Hopkins was then agreed to. 

Mr. Pendleton moved to lay the resolution as amended upon the table, 
and the motion was rejected. 

Mr. Muscoe Garnett moved to fill the blank in the said resolution 
with the number “ 250” ; Mr. Anderson, 10 ; Mr. Li'gon with 300 ; Mr. 
Carlile with 1 ; Mr. Lynch with 100 ; and Mr. Camdcn with the num¬ 
ber 150. 

Mr. Conway moved the indefinite postponement of the resolution as 
amended, and the motion was rejected. 

The question was then put upon filling the blank with the numbers 300 
and 250 respectively, and the Convention refused to fill with the said num¬ 
bers, and agreed to the motion of Mr. Camden to fill the blank with. 
“ 150.” 

On motion of Mr. Bocock, the resolution as amended was further amen¬ 
ded by adding thereto the following : “ Provided the cost thereof shall not 
exceed five hundred dollars.” 

Mr. Sheffey, from the committee on engrossment and revision, reported 
to the Convention the Bill of Rights, Constitution, and Schedule, as re¬ 
vised by the said committee. 

The question being upon the engrossment and third reading of the 
Bill of Rights, was decided unanimously in the affirmative. 

On motion of Mr. Watts, of Norfolk county, the Convention then pro¬ 
ceeded immediately to the consideration of the Bill of Rights on its pas¬ 
sage, and the President put the question, “ shall the Bill of Rights pass ? 55 
and the question was decided in the affirmative, unanimously. 

The Convention then passed to the consideration of the Constitution 
upon its second reading. 

On motion of Mr. Ferguson, the second section was amended by inser¬ 
ting the word u Wyoming” after the word cl Boone,” and by striking out 
the said word where it occurs after the word “ Raleigh.” 

On motion of Mr. Randolph, the 29th section, 4th article, was amended 
by inserting before the word “ annual” the words u aggregate amount of 
the,” so that that part of the section would read “ a sum exceeding by one 
per cent, the aggregate amount of the annual interest,” &c. 

On motion of Mr. Randolph, the same section was farther amended by 
inserting after the word “ thereon,” the words “ at the time of its con¬ 
traction.” 

In the Gth article, section 9th, Mr. Jacob moved to amend by striking 
out the words “ and prohibition ;” and the amendment was rejected by the 
Convention. 

Mr. Scott, of Richmond city, moved to amend the 24th section by stri- 


king out the words “ equal moiety/’ and inserting in lieu thereof the word 
“ halt.” The said amendment was not agreed to by the Convention. 

On motion of Mr. Sheffey, the 19th section of the 6th article was 
amended by inserting, after the word “ court” in the 7th line, the follow¬ 
ing : “ But in case a Circuit Court is held for a city, or for a county 

and city, there shall be an attorney for the commonwealth for such 
court, to be elected by the voters of such city, or county and city, and 
to continue in office "for the term of four years. 

The question recurring upon the engrossment of the Constitution as 
amended, Mr. Wise demanded the main question, which was ordered, and 
the question decided in the affirmative, ayes 75, noes 33. 

On motion of Mr. Ridley, the vote was recorded as follows: 

Ayes —Messrs. Anderson, Armstrong, Bird, Blue, Botts, Bowden, 
Brown, Byrd, Camden, Carlile, John A. Carter, Chapman, Chilton, 
Davis, Douglas, Edwards, Faulkner, Ferguson, Finney, Fisher, Flood, 
Floyd, Fulkerson, Fultz, Gaily., Garland, Muscoe Garnett, Hays, Hill, 
Hoge, Hopkins, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Li- 
gon, Lucas, McCamant, McOandlish, Jefferson T. Martin, William Mar¬ 
tin, Miller, Moore-, Murphy, Neeson, Newman, Pendleton, Petty, Pur- 
kins, Randolph, Seymour, Sheffey, Sloan, Benjamin H. Smith, Joseph 
Smith, Wm. Smith, Snowden, Southall, Stephenson, Stewart, Straughan, 
Stuart, Summers, Tate, Taylor, Van Winkle, Samuel Watts, Wm. Watts, 
White, Ira Williams, Samuel C. Williams, Wise, Worsham—75. 

JVbeY-Messrs. Mason, (Pres’t.) Arthur, Banks, Barbour, Bocock, 
Bowles, Braxton, Dale Carter, Chambliss, Cocke, Conway, Fuqua, Mus¬ 
coe II. IJ. Garnett, Goode, Hall, Janney, Jasper, Jones, Leake, Lynch, 
Meredith, Morris, Ridley, Rives, Scoggin, Robert G. Scott, Shell, Arthur 
R. Smith, Stanard, Turnbull, Whittle, Wingfield, Woolfolk—33. 

The Constitution v T as then engrossed as ordered, and put upon its pas¬ 
sage, and the question being submitted, “shall the Constitution pass?” was 
decided in the affirmative. 

The Convention then proceeded to the second reading of the sche¬ 
dule, which, having been completed, it was ordered to be engrossed. 

The question was then put, “shall the schedule pass?' 5 and was decided 
in the affirmative, ayes 63, noes 43. 

On motion of Mr. Ferguson, the vote was recorded as follows: 

Ayes —Messrs. Anderson, Armstrong, Bird. Blue, Bocock, Botts, 
Bowden, Brown, Carlile, John A. Carter, Chapman, Chilton, Cox, 
Davis, Edwards, Faulkner, Finney, Fisher, Flood, Floyd, Fultz, Gaily, 
Muscoe Garnett, Hall, Hays, Hill, Hoge, Jacob, Jasper, Johnson, Ken¬ 
ney, Letcher, Ligon, Lucas, McCamant, McCandlish, Jefferson T. Mar¬ 
tin, William Martin, Miller, Moore, Murphy, Neeson, Newman, Pen¬ 
dleton, Randolph, Rives, Scoggin, Francis W. Scott, Robert G. Scott, 
Sheffey, Benjamin H. Smith, Joseph Smith, William Smith, Stephenson, 
Stewart, Straughan, Stuart, Summers, Tate, Van Winkle, S. C. Williams, 
Wingfield, Wise—63. 

Jfoes —Messrs. Arthur, Banks, Barbour, Bowles, Braxton, Byrd, 
Camden, Dale Carter. Chambliss, Cocke, Conway, Ferguson, Fulkerson, 
Garland, Muscoe R. H. Garnett, Goode, Hopkins, Janney, Jones, Kil¬ 
gore, Leake, Lynch, Meredith, Petty, Purkins, Ridley, Robert E. Scott, 
Seymour, Shell. Sloan, Arthur R. Smith, Snowden, Southall, Stanard, 


420 


-Taylor, Turnbull, Samuel Watts, Wm. Watts, W hittle, Ira William? 
Woolfolk, Worsham—43. 

On motion of Mr. Janney, (Mr. Goode, of Mecklenburg, being in the 
Chair,) the Convention adopted the following resolution unanimously : 

Resolved , That our cordial thanks be, and they are hereby, tendered t( 
John Y. Mason, for the ability, dignity and impartiality with which he 
has presided over the deliberations of this Convention. 

The President having resumed the Chair, Mr. Goode announced to 
him that the Convention had adopted unanimously the foregoing resolution. 
Whereupon the President rose and delivered the following address : 

Gentlemen of tlie Convention : 


My heart is filled with emotions, which almost disqualify me from ad¬ 
dressing to you a few parting words. 

My generous constituents elected me to this body, when I did not reside 
amongst them, and did not solicit their support. You, with a kindness not 
less generous, called on me to preside over your deliberations; and after 
considering and debating, with all the eager interest natural to the occa¬ 
sion, questions of the gravest importance, during a protracted session, you 
have expressed your approbation of my conduct as the presiding officer of 
this assembly. 

I acknowledge, with profound sensibility, the obligations under which 
I stand, and with all sincerity thank you for your uniform kindness and 
consideration, and especially for this gratifying evidence of your appro¬ 
bation. 

Our session has occupied many months. I trust I will be excused for avail¬ 
ing myself of the occasion to bear my humble testimony to the untiring 
industry, and the self-sacrificing devotion, which you have brought to the 
service. 

The subjects on which you have acted are of vast magnitude, and time 
was necessary to the due performance of your duties ; and I feel that I 
would fail to do an act of justice, if I do not go farther, and declare the 
opinion, sincerely entertained, that I have never served with a deliberative 
body combining more talent, character, and propriety of deportment. 

The Convention of 1829 bore on its rolls those sons of Virginia, 
however advanced in life, who had earned public confidence by ser¬ 
ving their country in her places of highest trust. It was an august 
assemblage. 

You are generally young men ; you cannot point to such a long career 
of public service. But in talent, cultivation, enlightened patriotism, in 
those elements which qualify for public usefulness, I am proud to say 
that this Convention shews, that the sons of Virginia have not degenera¬ 
ted. It is a pleasing reflection that my arduous duties have been relieved 
by your uniform support, and their extreme delicacy forgotten in your 
generous confidence ; that amidst the excitement of debate, the courte¬ 
sies of life have not been forgotten, and the kindly feelings of our na¬ 
ture have always predominated. 

Your arduous labors have ended, and the amended constitution, the result 
of those labors, will soon be submitted for the decision of the people of 
Virginia. Of its promise to promote the public good, as of the wisdom of 
its provisions in detail, a diversity of opinion will exist. 

But, gentlemen, permit me to" exhort you, on your return to your con- 


4;>i 

stituents, to exert all your influence to allay sectional strife, and to prpr 
mote cordial, fraternal feeling amongst the people of our beloved common¬ 
wealth. We are brothers of one family, with common historic recollec¬ 
tions, with common present interests, and with common future hopes; and 
we must remember that Virginia, united, is, and ever has been, one of the 
noblest states of the confederacy. I cannot contemplate what she would 
be, if torn by intestine feuds, or if frantically seeking her own dissolu¬ 
tion. 

I humbly pray, that the decision of her people, on the amended con¬ 
stitution, may redound to her happiness, and to the honor and prosperity of 
the State. 

Gentlemen, during our session it has pleased Almighty God to visit 
some of the members of the Convention with most afflictive dispensations. 
Our bereaved colleagues have had our heartfelt sympathy. But we should 
acknowledge, with humble gratitude, that it has been his good pleasure to 
spare the members of this body. In August last, the people elected pne 
hundred and thirty-five citizens to represent them here. Without one case 
of mortality, you all return to your constituents, to render an account cf 
the manner in which you have discharged the high trust. 

I wish you, gentlemen, a safe return to your homes. May each and all 
of you enjoy health and happiness; and may you long live, to see this an¬ 
cient commonwealth, united and happy at home ; honored and respected 
abroad.” 

On motion of Mr. Armstrong, 

Resolved , That the thanks of this Convention are due, and they are here¬ 
by tendered to the Clergy of this city, for the promptness and punctuality 
with which they have complied wfith the request of the Convention, in 
opening its daily sessions with prayer. 

On motion of Mr. Sheffey, the Convention then adjourned. 


Friday, August 1st, 1851. 

The Convention met pursuant to adjournment, and was opened with 
prayer by the Rev. Dr. Early, of the Methodist church. 

On motion of Mr. Scott, of Caroline, the reading of the journal of yes¬ 
terday was dispensed with. 

On motion of Mr. Hall, the following resolution, which was read by 
the President, was unanimously adopted. 

Resolved , That the thanks of this Convention are due, and are hereby 
tendered to S. Decatur Whittle, Esq., Secretary of the Convention, for 
his indefatigable attention to the duties of his office, and his gentlemanly and 
courteous bearing to each and all of the members. 

On motion of Mr. Stuart, 

Resolved. That the Convention highly appreciate the faithful services 
of their Door-keeper and Pages. 

On motion of Mr. Carlile, 

Resolved , That the thanks of this Convention are hereby tendered to 
Wm. G. Bishop, Reporter to this body, and his associates, for the faithful 
and efficient manner in which they have performed their duties. 

On motion of Mr. Wise, 

Resolved, That Daniel Fisher and F. Lawrence Way be allowed the 



sum of $22 00 each for travelling expenses during the recess of the Con¬ 
vention in November last. 

On motion of Mr. Sheffey, the Convention adopted the following reso¬ 
lutions : 

Resolved , That the roll containing the draft of the amended constitu¬ 
tion and schedule, adopted by this Convention, and by it submitted to the 
people of this commonwealth for their ratification or rejection, be enclosed 
by the Secretary in a case proper for its preservation, and deposited for 
safe-keeping with the keeper of the rolls. 

Resolved, That the Secretary cause the copies of the Journal and docu¬ 
ments already printed, and the Appendix heretofore ordered, to be bound 
in calf; and that he deliver the residue of the copies, after furnishing each 
member and officer of the Convention with one copy, to the Secretary of the 
commonwealth, to be disposed of as the General Assembly may direct. 

Resolved , That the Secretary certify for payment the accounts for bind¬ 
ing the Journal, documents, and Appendix, and for other printing and ne¬ 
cessary postage. 

Resolved , That the Secretary certify for payment such accounts as have 
been contracted for ice and other articles supplied for the Convention. 

Resolved , That there be allowed to the Secretary for services to be ren¬ 
dered by him, after the adjournment of the Convention, the sum of one hun¬ 
dred dollars. 

Qn motion of Mr. Taylor, 

Resolved , That the Secretary certify for payment, the accounts of 
William Culley, allowing him the same rates allowed to the Public Printer to 
the Legislature : Provided , his bills are certified , 61 approved, 7 ’ by Messrs. 
Colin and Nowlan, and Ritchies and Dunnavant. 

Mr. Camden submitted a motion that the Secretary prepare, and have 
appended to the published journal of the Convention, a journal of the pro¬ 
ceedings of the committee of the whole. 

The said motion being submitted to the Convention was decided in the 
negative. 

On motion of Mr. Carlile, the Convention agreed to take a iecess un¬ 
til twelve o’clock this day. 


At twelve o’clock the President resumed the Chair, and Mr. Watts, 
of Norfolk county, from the committee on enrolment, reported that the 
committee had examined the enrolled draft of the constitution and sche¬ 
dule, and had found that it was correct. 

And then, on motion, the constitution and schedule were signed by the 
President, and attested by the Secretary. 

On motion of Mr. Siieffey, 

Resolved , That the Secretary be allowed the sum of twenty-five dollars 
for causing the constitution and schedule to be enrolled. 

On motion of Mr. Johnson, of ITarrison, the Convention then adjourneej. 
sine die . 



MEMBERS OF VIRGINIA 


STATE CONVENTION, 


Botetourt, 

Taylor, 

Bedford, 

Madison, 

Culpeper, 


Anderson, John T. 
Armstrong, Edw’d J. 
Arthur, Lewis C. 
Banks, Robert A. 
Bai’bour, dames, 


Westmoreland, Beale, Richard L. T. 
Shenandoah, Bird, Mark,* 


Lewis, 

Hampshire, 

Appomattox, 

Henrico, 

Williamsburg, 

Fluvanna, 

King ’William, 

Preston, 

Southampton, 

Frederick, 

Harrison, 

Monroe, 

Barbour, 

Hus sell, 

Loudoun, 

Meckle n b u rg, 

Greensville, 

Monroe, 

Fauquier, 

Franklin, 

Fluvanna, 

Spottsylvania, 

'Warren, 

Chesterfield, 

Richmond city, 

Rockingham, 

Ring William, 

Halifax, 

Fairfax, 

Berkeley, 

Logan, 

Accomack, 

Mason, 

Appomattox, 

Wythe, 

Scott, 

Augusta, 

Buckingham, 

Ohio, 

Amherst, 

Essex, 

Mecklenburg, 

Lancaster, 

Qllmer, 

Buckingham, 

Montgomery, 

Powhatan, 

Jefferson, 

Ohio, 

Loudoun, 


Bland, Thomas, 

Blue, Charles, 

Bocock, Willis P. 
Botts, John M. 
Bowden, Lemuel J. 
Bowles, JLlrury W. K. 
Braxton, Corbin, 
Brown, William G. 
Burgess, A. S. H. 

Byrd, Richard E. 
Camden, Gideon D. 
Caperton, Allen T. 
Carlile, John S. 

Carter, Dale, 

Carter, John A. 
Chambers, Edw’d R. 
Chambliss, John R. 
Chapman, Augustus A. 
Chilton, Samuel, 
Claiborne, Nat. C. 
Cocke, Richard I. 
Conway, Eustace, 
Cook, Giles, 

Cox, James H. 

Davis, Ilector, 
Deneale, George E. 
Douglas, Bev. B. 
Edmunds, Johsi R. 
Edwards, William L. 
Faulkner, Charles J. 
Ferguson, James H. 
Finney, Louis C. H, 
Fisher, Henry J. 
Flood. Thomas H. 
Floyd, Benjamin R. 
Fulkerson, SamH V. 
Fultz, David, 

Fuqua, Joseph, 

Gaily, Thomas M. 
Garland, Samuel M. 
Garnett, Muscoe R. H. 
Garnett, Muscoe, 
Goode, William O. 
Hall, Addison, 

Hays, Samuel L. 

Hill, John, 

Iloge, Daniel H. 
Hopkins, Henry L. 
Hunter, Andrew, 
Jacoh, Zachariah, 
Janncy, John, 


Prince William, Jasper, Daniel,f 


Harrison, 
Petersburg, 
Rockingham, 
Scott, 

Ohio, 

Goochland, 

Rockbridge, 

Nelson, 

Page, 

Jefferson* 

Campbell, 

Richmond city, 

Grayson, 

"Williamsburg, 

Cabell, 

Marshall, 

Henry, 

S o util a mpto n, 

Richmond eity, 

Botetourt, 

Rockbri dge, 

Hanover, 

Berkeley, 

Marion, 

Pendleton, 

Giles,. 

Princess Anaie, 

Greenbrier, 

Halifax, 

Albemarle, 

Southampton, 

Prince George, 

Campbell, 

Lunenburg, 

Caroline, 

Fauquier, 

Richmond city, 

Hardy, 

Brunswick, 

Augusta, 

Hampshire, 

Norfolk county, 

Kanawha, 

King Si Queen, 

Jackson, 

Greenbrier, 

Wood, 

Alexandria, 

Albemarle, 

Richmond city, 

II igliland, 

Morgan, 

North umber I’d, 

Rappahannock, 

Patrick, 

Kanawha, 

Smyth, 

Norfolk city, 
Pittsylvania, 


•Johnson, Joseph, 
Jones, James A. 
Kenney, John, 

Kilgore, Hiram, 

Knoic, John, 

Leake, Walter D* 
Letcher, Jo lip, 

Ligon, LIttleberfy N. 
Lionberger, Joint, 
Lucas, William, 

Lynch, diaries H. 
Lyons, James, 
McCamant, Samuel, 
MeCandlisli, Robert, 
McComas, Elisba W'. 
Martin, Jefferson T. 
Martin, Win. v . 

Mason, John Y., Frcs’t, 
Meredith, John A. 
Miller, Fleming b. 
Moore, David E. 
Morris, Edward W, 
Murpliy, Dennis, 
Neeson, James, 
Newmajt, A. M. 
Pendleton, Albert G. 
Petty, John, 

Price, Samuel, 
Purkins, George W. 
Randolph, Thomas J, 
Ridley, Robert, 

Rives, Timotliy, 
Saunders, James, 
Seoggin, James L. 
Scott, Francis W. 
Scott, Robert E. 

Seott, Robert G. 
Seymour, Wm. 

Shell, John E. 

Sheffey, Hugh W. 
Sloan, Thomas, 

Smith, Arthur R. 
Smith, Benjamin H. 
Smith, James, 

Smith, Joseph, 

Smith, William, 
Snodgrass, John F. 
Snowden, Edgar, 
Southall, V. W. 
Stanard, Robert C. 
Stephenson. Adam, Jr. 
Stewart, James E. 
Straughan, Samuel L. 
Strother, J. F. 

Stuart, Archibald, , 
Summers, George W. 
Tate, Thomas M. 
Taylor, Tazewell, 
Tredway, Win. M. 


* Elected to Jill vacancy earned by the resignation of Green B. Samuels, Eiq, Dec. 10, 1850. , 
f Elected to fill vacancy caused by the resignation of II. C. L Moncmc, Esq- March 13, 1851. 






Wash! ngton, 

Norfolk city, 

Brunswick, 

"Wood, 

Petersburg^ 

Norfolk count y, 

Roanoke, 

Loudoun, 

Pittsylvania, 


Trigg, Coitnaily 
Tunis, Joint, 
Turnbull, Robert 13. 
Van Winkle, P. G. 
Wallace, Thomas, 
Watts, Samuel, 
Watts, Wm. 

"White, Robert J. T. 
■Whittle. James M. 


Monongalia, 

Fairfax, 

Shenandoah, 

Bedford, 

Accomack, 

Orange, 

Prince Edward, 
Pulaski, 


Willey, Waitman T. 
Williams, Ira, 
Williams, Samuel C*. 
"Wingfield, Gustavug A. 
Wise, Henry A, 
"Woolfolk, Joint, 
Worsham, Branch J. 
Wysor, Benjamin F. 


%■ Elcctul to fill vacancy ca used by the resignation of George IV. Hopkins , Esq. Dec. 3, 1850. 



APPENDIX TO THE JOURNAL: 


BEING 


A JOURNALIZED ACCOUNT 


OF THE 


PROCEEDINGS 


IN 


COMMITTEE OF THE WHOLE 


UPON THE 


BASIS OF REPRESENTATION, 





















I 




I 





























APPENDIX TO THE JOURNAL. 


MONDAY, February 17, 1851. 

The committee of the whole took lip for consideration a report 
from the committee on the basis and apportionment of representation 
marked A. 

Mr. Summers moved to amend the said report, by striking out all 
of it except the first and last sections, and substituting, in lieu there¬ 
of, the proposition marked B. 

Mr. Scott of Fauquier moved to amend the amendment by striking 
out the whole, and inserting in the stead of it a proposition which is 
contained in the documents attached to the journal of the conven¬ 
tion, and marked “proposition C.” 

« 


WEDNESDAY, April 30, 1851. 

Mr. Scott of Fauquier, by the leave of the committee, modified 
his proposition by striking out from “provided the representation of 
no city,*’ &c., down to the words “respectively situated,” both 
inclusive. 

Also, with the like leave, Mr. Scott struck out in the 5th section 
the word “ after,” and inserted instead the word “ in,” so that that 
portion of the section would read “ the general assembly in the 
year,” &c. 

Mr. Scott also modified the 5th section by striking therefrom the 
words “ but in every re-apportionment the amount of taxes shall be 
estimated from the average of the ten preceding years.” 

Mr. Summers, with the leave of the committee, modified his amend¬ 
ment by striking out all after the words “ to wit” in the 9th line of 
the 6th section, (i. e., all of that portion which relates to the appor¬ 
tionment of members in the house of delegates.) and by striking out 
all after the 2d line of the 2d portion of the 7th section, being that 
portion which relates to the apportionment of senators. 

The question was propounded upon the amendment of Mr. Scott 
of Fauquier, and Mr. Wise demanded a division of the question, and 
it was first submitted upon striking out proposition B, and decided in 
the affirmative—ayes 65, noes 56, as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Botts, Bowden, Bowles, Braxton, Burgess, Chambliss, Chilton, 
Claiborne, Cocke, Conway, Cox, Davis, Edmunds, Edwards, Finney, 
Flood, Fuqua. Garland, Muscoe Garnett, Goode, Hall, Hill, Hopkins, 
Janney, Jasper, Jones, Leake, Ligon, Lynch, Lyons, William Martin, 




4 


Meredith, Morris, Petty, Randolph, Ridley, Rives, Saunders, Scoggin, 
Francis W. Scott, Robert E. Scott, Robert G. Scott, Shell, Arthur 
R. Smith, James Smith, Snowden, Southall, Stanard, Straughan, 
Taylor, Tredway, Tunis, Turnbull, Wallace, Samuel Watts, Whittle, 
Ira Williams, Wingfield, Woolfolk, Worsham—65. 

Noes— Messrs. Anderson, Armstrong, Mark Bird, Bland, Blue, Brown, 
Richard E. Byrd, Camden, Caperton, Carlile, Dale Carter, John A. 
Carter, Chapman, Cook, Ferguson, Fisher, Floyd, Fulkerson, Fultz, 
Gaily, Hays, Hoge, Jacob, Johnson, Kenney, Kilgore, Knote, Letch¬ 
er, Lionberger, Lucas, McCamant, McComas, Jefferson T. Martin, 
Miller, Moore, Neeson, Newman, Price, Seymour, Sheffey, Sloan, 
Joseph Smith, William Smith, Snodgrass, Stephenson, James E. 
Stewart, Archibald Stuart, Summers, Tate, Trigg, Van Winkle, 
White, Willey, Samuel C. Williams, Wise, Wysor—-56. 

The question recurred upon inserting the proposition of Mr. Scott 
of Fauquier, (C,)and was decided in the negative—ayes 60, noes 61, 
as follows: 

Ayes —‘Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Bowles, Braxton, Burgess, Chambers, Claiborne, Cocke, Con¬ 
way, Cox, Davis, Edmunds, Edwards, Finney, Flood, Fuqua, Gar¬ 
land, Muscoe Garnett, Goode, Hall, Hill, Janney, Jasper, Jones, 
Leake, Ligon, Lynch, Lyons, William Martin, Meredith, Morris, Petty, 
Ridley, Rives, Scoggin, Francis W. Scott, Robert E. Scott, Robert 
G. Scott, Shell, Arthur R. Smith, James Smith, Snowden, Southall, 
Stanard, Straughan, Taylor, Tredway, Tunis, Turnbull, Wallace, 
Samuel Watts, Whittle, Ira Williams, Wingfield, Woolfolk, Wor¬ 
sham—60. 

Noes —Messrs. Anderson, Armstrong, Mark Bird, Bland, Blue, Botts, 
Bowden, Richard E. Byrd, Camden, Caperton, Carlile, Dale Carter, 
John A. Carter, Chapman, Chilton, Cook, Ferguson, Fisher, Floyd, 
Fulkerson, Fultz, Gaily, Hays, Hoge, Hopkins, Jacob, Johnson, 
Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, McCamant, 
McComas, Jefferson T. Martin, Miller, Moore, Neeson, Newman, Pen¬ 
dleton, Price, Randolph, Saunders, Seymour, Sheffey, Sloan, Joseph 
Smith, William Smith, Snodgrass, Stephenson, James E. Stewart, 
Archibald Stuart, Summers, Tate, Trigg, Van Winkle, White, Willey, 
Samuel C. Williams, Wise, Wysor—61. 

Proposition B being stricken out, and the committee refusing to 
substitute the amendment of Mr. Scott of Fauquier ; Mr. Botts mov¬ 
ed to amend proposition A, by striking it out, and inserting, in lieu 
thereof, the following : 

“ 1. The legislature shall be formed of two distinct branches, which 
together shall be called the general assembly of Virginia. 

“ 2. One of these shall be called the house of delegates, and shall con¬ 
sist of one hundred and fifty members ; seventy-five of which shall be 
chosen for and by the several counties, cities and towns lying east of 
the Blue Ridge of mountains, and the other seventy-five from those 
counties, cities and towns lying west of the Blue Ridge. 

“ 3. The other shall be called the senate, and shall consist of 
members, one-half of which number shall be chosen for and by those 


5 


counties, cities and towns lying east of the Blue Ridge, and the other 
hall for and by those counties, cities and towns lying west of the 
Blue Ridge ; for which purpose each division of the state lying east 
and west ot the Blue Ridge shall be laid off into districts, and each 
district shall be entitled to one representative. 

4. There shall be a uniform system of ad valorem taxation upon 
every description and species of property in the commonwealth, real, 
personal and mixed, except such as may be specially exempted by a 
vote ol two-thirds of each branch of the legislature. 

l ' 5. It shall not be lawful for the legislature to create a public debt, 
without at the same time, or during the same session, providing for 
the payment of the same, by increasing the rate of per centage of tax¬ 
ation in such manner, and to such extent, as may be sufficient to meet 
the payment of the debt when it becomes due. No bill appropriating 
a sum of money exceeding dollars shall become a law, except by 
a vote of a majority of the whole number elected of both branches of 
the legislature.” 

Mr. Saunders moved to amend the amendment, by striking out all 
after the first section, and inserting, in lieu thereof, the following : 

“ Sec. 2. One of these shall be called the house of delegates, and 
shall consist of one hundred and thirty-five members, to be chosen for 
and by the several counties, cities and towns of the commonwealth, 
in an equal ratio, as near as may be, according to the qualified voters 
thereof. 

“ Sec. 3. The other house shall be called the senate, and shall con¬ 
sist of thirty-two members, who shall be chosen for and by the coun¬ 
ties, cities and towns of the commonwealth, in an equal ratio, as near 
as may be, according to the whole federal numbers as therein ascer¬ 
tained and contained ; and provided, that hereafter the house of dele¬ 
gates and the senate shall be re-apportioned every ten years, upon the 
same rules and regulations as herein ordained and established. 

Pending the consideration of the said amendment, 

On motion of Mr. Saunders the committee agreed to rise. Ayes 
74. Noes 45. 

On motion of Mr. Conway the vote was recorded as follows. 

Ayes —Messrs. John Y. Mason, (Pres’t,) Anderson, Armstrong, Ar¬ 
thur, Barbour, Mark Bird, Bland, Blue, Bowden, Bowles, Burgess, R. 
E. Byrd, Camden, Caperton, Carlile, Dale Carter, J. A. Carter, Cham¬ 
bers, Chapman, Chilton, Cocke, Cook, Ferguson, Fisher, Floyd, Ful¬ 
kerson, Fuqua, Gaily, Garland, Hays, Hoge, Jacob, Johnson, Ken¬ 
ney, Kilgore, Knote, Ligon, Lionberger, Lucas, Lynch, McCamant, 
McComas, J. T. Martin, Miller, Moore, Neeson, Newman, Pendleton, 
Randolph, Rives, Saunders, Seymour, Shefley, Sloan, Arthur R. 
Smith, Joseph Smith, William Smith, Snodgrass, Stephenson, Jas. E. 
Stewart, Archibald Stuart, Tate, Taylor, Tunis, Van Winkle, Wal¬ 
lace, Samuel Watts, White, Willey, Ira Williams, Samuel C. Williams, 
W r ise, Wysor—74. 

Noes —Messrs. Beale, Botts, Braxton, Claiborne, Conway, Cox, Davis, 
Edmunds, Edwards, Finney, Flood, Fultz, Muscoe Garnett, Goode, 
Hall, Hill, Hopkins, Jasper, Jones, Leake, Letcher, Lynch, Wm. Martin, 


l 


6 


i 

Meredith, Morris, Petty, Price, Ridley, Scoggin, Francis W. Scott, 
Robert E. Scott, Robert G. Scott, Shell, James Smith, Snowden, 
Southall, Stanard, Summers, Tredway, Trigg, Turnbull, Whittle, 
Woolfolk, Worsham—45. 


THURSDAY, May 1, 1851. 

The pending question being the amendment of Mr. Saunders, he 
proposed to withdraw the same, but Mr. Finney objecting, 

On motion of Mr. Botts leave was granted him to withdraw. 

The question recurring upon the amendment of Mr. Botts, 

Mr. Bowden moved to amend the same by substituting therefor the 
following : 

“ Representation shall be apportioned among the several counties, 
cities and towns of the state, according to their respective numbers, 
which shall be determined by adding to the whole number of free 
persons, including those bound to service, for a term of years, and ex¬ 
cluding Indians not taxed, three-fifths of all other persons.” 

At this stage Mr. Botts proposed to withdraw his amendment, but 
objection being made, he submitted a motion that he be permitted to 
do so, and the convention granted him permission—ayes 64; noes 57. 

On motion of Mr. Botts the vote was recorded as follows. 

Ayes —Messrs. Anderson, Armstrong, Mark Bird, Bland, Blue, Botts, 
Richard E. Byrd, Camden, Caperton, Carlile, Dale Carter, John A. 
Carter, Chapman, Chilton, Cook, Ferguson, Fisher, Floyd, Fultz, 
Gaily, Hays, Hoge, Hopkins, Hunter, Jacob, Johnson, Kenney, Kil¬ 
gore, Knote, Letcher, Lionberger, Lucas, McCamant, McComas, Jef¬ 
ferson T. Martin, Meredith, Miller, Moore, Neeson, Newman, Pendle¬ 
ton, Price, Randolph, Rives, Saunders, Seymour, Sheffey, Sloan, Jo¬ 
seph Smith, William Smith, Snodgrass, Stephenson, Jas. E. Stewart, 
Archibald Stuart, Summers, Tate, Taylor, Trigg, Yan Winkle, 
White, Willey, Samuel C. Williams, Wise, Wysor—64. 

Noes —Messrs. Arthur, Banks, Barbour, Beale, Bowden, Bowles, 
Braxton, Burgess, Chambers, Claiborne, Cocke, Conway, Cox, Davis, 
Edmunds, Edwards, Finney, Flood, Fuqua, Garland, Aluscoe Garnett, 
Goode, Hall, Hill, Janney, Jasper, Jones, Leake, Ligon, Lynch, Lyons, 
McCandlish, William Martin, Morris, Petty, Ridley, Scoggin, Francis W. 
Scott, Robert E. Scott, Shell, Arthur R. Smith, James Smith, Snow¬ 
den, Southall, Stanard, Straughan, Tredway, Tunis, Turnbull, Wal¬ 
lace, Samuel Watts, Whittle, Ira Williams, Wingfield, Woolfolk, Wor¬ 
sham—56. 

The amendment of Mr. Botts being withdrawn, the amendment of 
Mr. Bowden was necessarily withdrawn also. 

The report of the committee (proposition A) being alone under 
consideration, Mr. Summers submitted amotion to strike out the whole 
of it, except the first and last sections. 

Before that motion was submitted, Mr. Beale, by way of amending 
the part to be stricken out, moved to strike out the second and third 
sections thereof, and insert the following: 



7 


u Representation in both legislative bodies shall be apportioned among 
the counties, cities and towns of the state, according to the number of 
white inhabitants contained, and the amount of all taxes paid in each, 
deducting from such taxes all taxes paid on law process, licenses, and 
capitation tax paid by free negroes. In making such apportionment, 
one delegate shall be allowed for every part of the said inha- 

ants, and one delegate for every part of the said taxes ;” 

also, in the fourth section, first line, strike out “ after,” and insert 
"in;” and also add at the end of the sixth line the following, “and 
capitation tax paid by free negroes;” and also, in lines eighth and 
ninth, strike out the words “seventy-fifth.” 

Pending the said amendment, on motion of Mr. Summers the com¬ 
mittee rose. 


THURSDAY, May 8, 1851. 

The proposition of amendment, submitted by Mr. Beale, being still 
under consideration, 

Mr. Beale, by leave of the convention, withdrew the same. 

The question then recurred upon the amendment of Mr. Summers ; 
i. e., to strike out the whole of proposition A, except the first and 
last sections thereof. 

Mr. Summers submitted a motion, that the blank to be created by 
the adoption of his amendment be filled with the following: 

“ The officers and commissioners authorized and directed by the 
act entitled ‘an act concerning elections,’ passed March 13, 1851, to 
take the sense of the qualified voters upon the question of ratifying 
and rejecting the amended constitution, shall, at the same time, and in 
like manner, open a separate poll-book for the purpose of taking the 
sense of said qualified voters, upon the further question, whether re¬ 
presentation in the senate and house of delegates, shall be apportioned 
on the suffrage basis, that is, according to the number of qualified vo¬ 
ters in the respective districts, counties, cities and towns of the com¬ 
monwealth ; or, on the mixed basis, that is, according to the number 
of the white inhabitants contained, and the amount of all taxes raised 
by the legislature paid in the respective districts, counties, cities and 
towns, deducting therefrom all taxes paid on licenses and law process. 
Said separate poll-books shall be headed thus: Shall representation in 
the senate and house of delegates be apportioned on the suffrage ba¬ 
sis, or the mixed basis? And shall contain two separate columns : the 
first column shall be headed “ Suffrage Basis,” and the second column 
shall be headed “Mixed Basis.” The names of all such persons as 
shall vote for the suffrage basis, or for the mixed basis of representa¬ 
tion, shall be recorded in the appropriate columns of said poll-book. 
The polls authorized hereby shall be kept open three days, and shall, 
in ail respects, be taken, certified, returned, and proclamation of the 
results thereof be made in the manner prescribed in said act, passed 
March 13, 1851, concerning the polls authorized thereby to be taken 
in respect to ratifying or rejecting the amended constitution. 



8 


] 

“ And if it be ascertained that a majority of the votes cannot be in 
favor of ratifying the amended constitution, and that a majority of the 
votes cast be in favor of the suffrage basis, elections for senators and 
delegates, shall be held according to the apportionments contained in 
schedule [No. 1,] appended hereto; and if it be ascertained that a 
majority of the votes cast be in favor of ratifying the constitution, 
and that a majority of the votes cast be in favor of the mixed basis, 
elections for senators and delegates shall be held according to the ap¬ 
portionments contained in schedule [No. 2,] appended hereto. 

“ In case the suffrage basis of representation be adopted as aforesaid, 
an enumeration of all the qualified votes in the commonwealth shall 
be made in the year 1855, and in every tenth year thereafter; and at 
the several sessions of the general assembly, which shall be held next af¬ 
ter the making of such enumerations, the whole number of senators 
and delegates shall be apportioned among the several districts, coun¬ 
ties, cities and towns of the commonwealth, as near as may be ac¬ 
cording to the number of qualified voters in each. 

“In case the mixed basis of representation be adopted as aforesaid, 
the first general assembly held after the taking of each census of the 
United States, shall re-apportion the representation of the counties, ci¬ 
ties and towns of the commonwealth in both legislative bodies, ac¬ 
cording to the number of white inhabitants contained, and the amount 
of all taxes raised by the legislature paid in each, deducting therefrom 
all taxes paid on licenses and law processs. In making such re-appor¬ 
tionment there shall be allowed one delegate for every part of 

the said inhabitants, and one delegate for every part of the said 

taxes ; and the number of senators shall be apportioned in like man¬ 
ner.” 

Mr. Stanard moved to amend the amendment by substituting 
therefor the amendment offered by Mr. Beale, and subsequently with¬ 
drawn by him. 

Pending the consideration of the said amendment, on motion, the 
committee arose. 


FRIDAY, May 9, 1851. 

The question was stated to be upon the amendment of Mr. 
Stanard. 

Mr. Edmunds demanded a division, and the vote was first taken 
upod striking out the amendment of Mr. Summers, and was decided 
in the affirmative—ayes 60, noes 57. 

On motion of Mr. Summers the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Bowles, Braxton, Burgess, Chambers, Chambliss, Chilton, 
Conway, Cox, Davis, Douglas, Edmunds, Edwards, Finney, Flood, 
Fuqua, Garland, Muscoe Garnett, Goode, Hall, Hill, Hopkins, Janney, 
Jasper, Leake, Ligon, Lynch, Lyons, William Martin, Meredith, Mor¬ 
ris, Randolph, Ridley, Rives, Saunders, Scoggin, Francis W. Scott, 
Robert E. Scott, Robert G. Scott, Shell, Arthur R. Smith, James 



9 


Smith, Snowden, Southall, Stanard, Straughan, Strother, Taylor, 
Tredway, Tunis, Turnbull, Wallace, Samuel Watts, Whittle, Wing¬ 
field, Worsham—60. 

^ Noes —Messrs. Anderson, Armstrong, Bland, Blue, Botts, Richard 
R. Byrd, Camden, Caperton, Carlile, Dale Carter, John A. Carter, 
Chapman, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Gaily, Hays, 
Hoge, Hunter, Jacob, Johnson, Kenney, Kilgore, Knote, Lucas, 
McOamant, McComas, Jefferson T. Martin, Miller, Moore, Murphy, 
Neeson, Newman, Pendleton, Price, Seymour, Sheffey, Sloan, Benja¬ 
min H. Smith, Joseph Smith, William Smith, Snodgrass, Stephenson, 
James E. Stewart, Archibald Stuart, Summers, Tate, Trigg, Van 
Winkle, White, Willey, Samuel C. Williams, Wise, Woolfolk, Wy- 
sor—57. 

The question next recurred upon inserting the amendment of Mr. 
Stanard, and was decided in the negative—ayes 58, noes 60. 

On motion, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Arthur, Banks. Barbour, 
Beale, Bowles, Braxton, Burgess, Chambers, Chambliss, Conway, 
Cox, Davis, Douglas, Edmunds, Edwards, Finney, Flood, Fuqua, 
Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, Hall, Hill, 
Hopkins, Janney, Jasper, Ligon, Lynch, Lyons, William Martin, 
Meredith, Morris, Ridley, Rives, Scoggin, Francis W. Scott, Robert 
E. Scott, Robert G. Scott, Shell, Arthur R. Smith, James Smith, 
Snowden, Southall, Stanard, Straughan, Strother, Taylor, Tredway, 
Tunis, Turnbull, Wallace, Samuel Watts, Whittle, Wingfield, Wool- 
folk, Worsham—58. 

Noes— Messrs. Anderson, Armstrong, Bland, Blue, Botts, Richard 
E. Byrd, Camden, Caperton, Carlile, Dale Carter, John A. Carter, 
Chapman, Chilton, Claiborne, Ferguson, Fisher. Floyd, Fulkerson, 
Fultz. Gaily, Hays, Hoge, Hunter, Jacob, Johnson, Kenney, Kilgore, 
Knote, Letcher, Lucas, McCamant, McComas, Jefferson T. Martin, 
Miller, Moore, Murphy, Neeson, Pendleton, Price, Randolph, Saun¬ 
ders, Seymour, Sheffey, Sloan, Benjamin H. Smith, Joseph Smith, 
William Smith, Snodgrass, Stephenson, James E. Stewart, Archibald 
Stuart, Summers, Tate, Trigg, Van Winkle, White, Willey, Samuel 
C. Williams, Wise, Wysor—60. 

The question was next stated to be upon the amendment of Mr. 
Summers, and Mr. Edmunds demanding a division, the question was 
first put upon striking out all of proposition A except the first and 
last section, and it was decided in the negative—ayes 58, noes 62. 

On motion, the vote was recorded as follows : 

Ayes —Messrs. Anderson, Armstrong, Bland, Blue, Richard E. 
Byrd, Camden, Caperton, Carlile, Dale Carter, John A. Carter, Chap¬ 
man, Chilton, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Gaily, 
Hays, Hoge, Hunter, Jacob, Johnson, Kenney, Kilgore, Knote, 
Letcher, Lucas, McCamant, McComas, Jefferson T. Martin, Miller, 
Moore, Murphy, Neeson, Newman, Pendleton, Price, Saunders, Sey¬ 
mour, Sheffey, Sloan, Benjamin H. Smith, Joseph Smith, William 
Smith, Snodgrass, Stephenson, James E. Stewart, Archibald Stuart, 

2 


10 


Summers, Tate, Trigg, Van Winkle, White, Willey, Samuel C. Wil¬ 
liams, Wise, Wysor—58. 

Noes— Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Beale, Botts, Bowles, Braxton, Burgess, Chambers. Chambliss, Clai¬ 
borne, Conway, Cox, Davis, Douglas, Edmunds, Edwards, Finney, 
Flood, Fuqua, Garland, Muscoe R. H. Garnett, Muscoe Garnett, 
Goode, Hall, Hill, Hopkins, Janney, Jasper, Leake, Ligon, Lynch, 
Lyons, William Martin, Meredith, Morris, Randolph, Ridley, Rives, 
Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, Shell, 
Arthur R. Smith, James Smith, Snowden, Southall, Stanard, 
Straughan, Strother, Taylor, Tredway, Tunis, Turnbull, Wallace, 
Samuel Watts, Whittle, Wingfield, Woolfolk, Worsham—62. 

Mr. Claiborne moved to amend proposition A, by adding at the 
end of the 4th section the following : 

“ Provided no city or town shall exceed delegates.” 

Mr. Botts moved to fill the blank in the amendment of Mr. Clai¬ 
borne with the following: “ The number they may be legitimately 
entitled to under the basis established.” 

The motion of Mr. Botts was not agreed to, having ayes 29, 
noes 82. 

On motion of Mr. Claiborne the vote was recorded as follows : 

Ayes— Messrs. Anderson, Camden, Caperton, Dale Carter, John A. 
Carter, Conway, Davis, Fisher, Fulkerson, Gaily, Hunter, Jacob, 
Knote, Letcher, Lucas, McComas, Meredith, Pendleton, Price, Sey¬ 
mour, Snodgrass, Snowden, Stanard, Strother, Summers, Trigg, Van 
Winkle, White, Wingfield—29. 

Noes— Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Beale, Bland, Blue, Bowles, Braxton, Burgess, Richard E. 
Byrd, Carlile, Chambers, Chambliss, Chapman, Chilton, Claiborne, 
Cox, Edmunds, Edwards, Ferguson, Finney, Flood, Floyd, Fultz, 
Fuqua, Garland, Muscoe R. H. Garnett, Muscoe Garnett, Goode, 
Hall, Hays, Hill, Hopkins, Janney, Jasper, Johnson, Kenney, Kilgore, 
Leake, Ligon, Lynch, Lyons, William Martin, Miller, Moore, Morris’ 
Murphy, Neeson, Newman, Randolph, Ridley, Rives, Saunders, Scog¬ 
gin, Francis W. Scott, Robert E. Scott, Robert G. Scott, Shefl, 
Sloan, Benjamin H. Smith, James Smith, Joseph Smith, William 
Smith, Southall, Stephenson, James E. Stewart, Straughan, Archibald 
Stuart, Tate, Taylor, Tredway, Tunis, Turnbull, Wallace, Samuel 
Watts, Whittle, Willey, Samuel C. Williams, Wise, Woolfolk—*82. 

The vote was then taken on the amendment of Mr. Claiborne, 
and was in the negative—ayes 36, noes 75. 

On motion of Mr. Carlile the vote was recorded as follows : 

Ayes— Messrs. Armstrong, Bland, Blue, Richard E. Byrd, Camden, 
Carlile, Chapman, Claiborne, Ferguson, Floyd, Fultz, Muscoe Garnett’ 
Hall, Hays, Hoge, Hopkins, Johnson, Kenney, Kilgore, McCamant’ 
William Martin, Miller, Moore, Murphy, Neeson, Newman, Sloan’ 
William Smith, Stephenson, James E. Stewart, Straughan, Archibald 
Stuart, Tate, Willey, Samuel C. Williams, Wise—36.° 

Noes— Messrs. John Y. Mason, (Pres’t,) Anderson, Arthur, Banks, 
Barbour, Beale, Bowles, Braxton, Burgess, Caperton, Dale Carter, 


11 


John A. Carter, Chambers, Chambliss, Chilton, Conway, Cox, Davis, 
Edmunds, Edwards, Finney, Fisher, Flood, Fulkerson, Fuqua, Gar¬ 
land, Muscoe R. H. Garnett, Goode, Hill, Hunter, Jariney, Jasper, 
Knote, Leake, Letcher, Ligon, Lucas, Lynch, Lyons, McComas, 
Meredith, Morris, Pendleton, Price, Randolph, Ridley, Rives, Saun¬ 
ders, Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, 
Seymour, Shell, Benjamin PL Smith, James Smith, Joseph Smith, 
Snodgrass, Snowden, Southall, Stanard, Strother, Summers, Taylor, 
Fred way, Trigg, Tunis, Turnbull, Van Winkle, Wallace, Samuel 
Watts, White. Whittle, Wingfield, Woolfolk—75. 


THURSDAY, May 15, 1851. 

The report of the committee (proposition A,) being under conside¬ 
ration, Mr. Martin, of Henry, moved to amend the same by striking 
it out, and inserting in lieu thereof, the following : 

L The legislature shall be formed of two distinct branches, which 
together shall be a complete legislature, and shall be called the gene¬ 
ral assembly of Virginia. 

2. One of these shall be called the house of delegates, and shall 
consist of one hundred and fifty members, to be chosen biennially for 
and by the several counties, cities and towns of the commonwealth ; 
whereof, eighty-two delegates shall be chosen for and by the coun¬ 
ties, cities and towns lying west of the Blue Ridge of mountains, and 
sixty-eight for and by the counties, cities and towns lying east of the 
Rlue Ridge, and said delegates shall be distributed and apportioned 
as follows, to wit : 

3. The other house of the general assembly shall be called the se¬ 

nate, and shall consist of fifty members, to be elected for four years ; 
of whom, thirty shall be chosen for and by the counties, cities and 
towns lying east of the Blue Ridge of mountains, and twenty for and 
by the counties, cities and towns lying west thereof; and for the elec¬ 
tion of whom, the counties, cities and towns shall be divided into fifty 
districts, to be composed of contiguous territory, and as compact in 
form as may be. Each county, city and town of the respective dis¬ 
tricts, at the time of the first election of its delegate or delegates un¬ 
der this constitution, shall vote for one senator, and the sheriffs or 
other officers holding the election for each county, city and town, 
within five days at farthest after the last election in the district, shall 
meet at some convenient place, within the respective districts, and 
from the polls so taken, in their respective counties, cities and towns, 
return as a senator, the person who shall have the greatest number of 
votes in the whole district. Immediately after the senators shall be 
assembled in consequence of such election, they shall be divided by 
lot into two classes. The seats of the senators of the first class shall 
be vacated at the expiration of the second year, and of the second 
class at the expiration of the fourth year, after such first election, and 
which rotation shall be continued biennially, so that one-half may be 
chosen every second year; and for the election of senators the coun¬ 
ties of shall form one district, &c. 



12 


4. It shall be the duty of the general assembly in the year 1S65, 
to re-apportion representation in the senate and house of delegates, and 
in the event the general assembly shall not be able to agree as to the 
principle of representation on which such re-apportionment shall be 
made, or shall fail to make such re-apportionment, then the governor 
of the commonwealth shall, by his proclamation, immediately there¬ 
after require the qualified voters of the commonwealth to assemble in 
their respective counties, cities and towns, and to declare, by their 
votes, whether representation in the two houses of the general assem¬ 
bly, or in either of them, shall be apportioned according to the number 
of the qualified voters in the commonwealth, or whether the same 
shall be apportioned, in both houses cf the general assembly, or in 
either of them, according to the number of white inhabitants contained 
and the amount of all taxes raised by the legislature paid in the several 
counties, cities and towns of the commonwealth, deducting therefrom 
all taxes paid on licenses and law process, and allowing one delegate 
for every seventy-fifth part of the said inhabitants, and one delegate 
for every seventy-fifth part of the said taxes, and distributing the 
number of senators in like manner. • 

5. It shall be the duty of the said sheriffs and other officers taking 
said polls, within five days after the same shall have been closed, to 
certify true copies thereof to the governor, who shall thereupon as 
early as may be, ascertain the result of the said vote and make procla¬ 
mation thereof. It shall also be the duty of the governor to commu¬ 
nicate the same to the first general assembly which shall convene af¬ 
ter the taking of the said vote, and the said general assembly thereupon, 
at the session thereof which shall be held next after the taking of said 
vote, shall apportion representation in each house of the general as¬ 
sembly, according to the principle of representation therein, for which 
a majority of the qualified voters shall have declared their preference, 
by the vote aforesaid ; and thenceforth it shall be the duty of the gen¬ 
eral assembly, in every tenth year thereafter, to re-apportion and dis¬ 
tribute the number of senators and delegates throughout the common¬ 
wealth, according to the same principle of representation. 

Mr. M. R. H. Garnett moved to amend the amendment by striking 
out all thereof, except the first section. 

The said amendment being submitted to the committee was adopt¬ 
ed—ayes 55, noes 54. 

On motion of Mr. Carlile, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Bocock, Botts, Bowles, Braxton, Burgess, Chambliss, Claiborne, Davis, 
Douglas, Edmunds, Edwards, Finney, Flood, Fuqua, Garland, Muscoe 
R. H. Garnett, Goode, Hall, Hopkins, Janney, Jasper, Jones, 
Leake, Ligon, Lynch, Lyons, McCandlish, Meredith, Morris, Petty, 
Randolph, Ridley, Rives, Saunders, Scoggin, Francis W. Scott, Ro¬ 
bert E. Scott, Shell, Arthur R. Smith, Snowden, Southall, Stan- 
ard, Straughan, Strother, Taylor, Tredway, Tunis, Turnbull, Wallace, 
Samuel Watts, Whittle—55. 

Noes —Messrs. Armstrong, Bland, Blue, Bowden, Camden, Carlile, 
Dale Carter, John A. Carter, Chapman, Chilton, Deneale, Faulkner, 


13 


Ferguson, Fisher, Floyd, Fulkerson, Fultz, Hays, Hoge, Jacob, John¬ 
son, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, McCamant, 
McComas, Jefferson T. Martin, William Martin, Miller, Moore, Mur¬ 
phy, Neeson, Newman, Seymour, Sheffey, Sloan, Benjamin H. Smith, 
Joseph Smith, Snodgrass, Stephenson, James E. Stewart, Archibald 
Stuart, Summers, Tate, Trigg, Van Winkle, White, Willey, Samuel C. 
Williams, Wingfield, Wise—54. 

Mr. Wise then submitted a motion to strike out all that remained of 
the amendment of Mr. Martin of Henry, being the first section there¬ 
of; and the motion was agreed to. 

Mr. Wise submitted a motion to amend the report, by striking out 
the whole of proposition A; and the motion being submitted to the 
committee was adopted—ayes 57, noes 56. 

On his motion, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Bland, Blue, Botts, Bowden, Richard E. 
Byrd, Camden, Carlile, Dale Carter, John A. Carter, Chapman, Chilton, 
Deneaie, Faulkner, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Hays, 
Hoge, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, 
Lucas, McCamant, McComas, Jefferson T. Martin, William Martin, 
Miller, Moore, Murphy, Neeson, Newman, Saunders, Seymour, Shef¬ 
fey, Sloan, Benjamin H. Smith, Joseph Smith, William Smith, Snod¬ 
grass, Stephenson, James E. Stewart, Archibald Stuart. Summers, 
Tate, Trigg, Van Winkle, White, Willey, Samuel C. Williams, Wise— 
57. 

Noes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Bocock, Bowles, Braxton, Burgess, Chambliss, Claiborne, Cox, Davis, 
Douglas, Edmunds, Edwards, Finney, Flood, Fuqua, Garland, Mus- 
coe R. H. Garnett, Goode, Hall, Hopkins, Janney, Jasper, Jones, 
Leake, Ligon, Lynch, Lyons, McCandlish, Meredith, Morris, Petty, 
Randolph, Ridley, Rives, Scoggin, Francis W. Scott, Robert E. Scott, 
Robert G. Scott, Shell, Arthur R. Smith, Snowden, Southall, Stan- 
ard, Straughan, Strother, Taylor, Tredway, Tunis, Turnbull, Wal¬ 
lace, Samuel Watts, Whittle, Wingfield—56. 

Mr. Botts moved to fill the blank created, by striking out proposi¬ 
tion A, with his amendment. ( This amendment has been already re¬ 
corded at pages 4, 5.) 

Mr. Edmunds moved to amend the amendment by striking out all 
of it except the first section; the said amendment being submitted to 
the committee was adopted—ayes 60, noes 53. 

Ayes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Bocock, Bowden, Bowles, Braxton, Burgess, John A. Carter, Cham¬ 
bliss, Cox, Davis, Douglas, Edmunds, Edwards, Finney, Flood, Fu¬ 
qua, Garland, Muscoe R. H. Garnett, Goode, Hall, Hopkins, Janney, 
Jasper, Jones, Leake, Ligon, Lynch, Lyons, McCandlish, William 
Martin, Meredith, Morris, Petty, Randolph, Ridley, Rives, Saunders, 
Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, Shell, 
Arthur R. Smith, Snowden, Southall, Stanard, Straughan, Strother, 
Taylor, Tredway, Tunis, Turnbull, Wallace, Samuel Watts, White, 
Whittle, Wingfield—60. 


14 


Noes —Messrs. Armstrong, Bland, Blue, Botts, Richard E. Byrd, 
Camden, Carlile, Dale Carter, Chapman, Chilton, Claiborne, Deneale, 
Faulkner, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Hays, Hoge, 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, 
McCamant, McComas, Jefferson T. Martin, Miller, Moore, Murphy, 
Neeson, Newman, Seymour, Sheffey, Sloan, Benjamin H. Smith, Jo¬ 
seph Smith, William Smith, Snodgrass, Stephenson, Jas. E. Stewart, 
Archibald Stuart, Summers, Tate, Trigg, Van Winkle, Willey, Sa¬ 
muel C. Williams, Wise—53. 

Mr. Wise moved to fill the blank thus created with the following: 

1. The senate shall be composed of thirty-six members, nineteen of 
whom shall be elected from the counties, cities and towns lying east, 
and seventeen of whom shall be elected from the counties, cities and 
towns lying west of the Blue Ridge of mountains; the said counties, 
cities and towns to be laid off, as equally as may be, in districts; and 
there shall be one senator for each district. 

2. The house of delegates shall be composed of one hundred and 
fifty members ; eighty-one of whom shall be elected from the counties, 
cities and towns lying east, and sixty-nine of whom shall be elected 
from the counties, cities and towns lying west of the Blue Ridge of 
mountains. 

3. And in the year 1861, and every ten years thereafter, the legis¬ 
lature shall cause an enumeration to be made of all the qualified voters 
of the state ; and at its first session, and every ten years thereafter, the 
senators and delegates shall be apportioned among the counties, cities 
and towns of the state, as equally as may be according to the number 
of qualified voters in each respectively; and the senatorial districts 
shall be arranged according to each apportionment. 

4. The whole number of members, to which the state may at any 
time be entitled in the house of representatives of the United States, 
shall be apportioned, as nearly as may be, amongst the several counties, 
cities and towns according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, including 
those bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. 

Pending the consideration of the said amendment, Mr. Scott of 
Richmond city moved that the committee rise, and the motion was 
rejected—ayes 39, noes 72. 

On motion of Mr. Letciieu the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Barbour, Bocock. Botts. 
Bowden, Braxton, Chambliss, Chapman, Cox, Davis, Douglas, Ed¬ 
wards, Faulkner, Finney, Flood, Fuqua, Garland, Janney, Leake, 
Ligon, McCandlish, Meredith, Moore, Morris, Petty, Randolph, Rives' 
Saunders, Scoggin, Francis W. Scott, Robert G. Scott, Shell, Arthur 
R. Smith, Snowden, Southall, Straughan, Archibald Stuart Tunis 
Whittle—39. 

Noes —Messrs. Armstrong, Arthur, Banks, Bland, Blue, Bowles, 
Burgess, Richard E. Byrd, Camden, Carlile, Dale Carter, John A. ? 
Carter, Chilton, Claiborne, Edmunds, Ferguson, Fisher, Floyd, Ful¬ 
kerson, Fultz, Muscoe R. H. Garnett, Goode, Hall, Hays, Hoge, 


15 


Jacob, Jasper, Johnson, Jones, Kenney, Kilgore, Knote, Letcher, 
Lionberger, Lucas, Lynch, Lyons, McCamant, McComas, Jefferson T. 
Martin, William Martin, Miller, Murphy, Neeson, Newman, Ridley, 
Robert E. Scott, Seymour, Sheffey, Sloan, Benjamin H. Smith, 
Joseph Smith, William Smith, Snodgrass, Stanard, Stephenson, James 
E. Stewart, Strother, Summers, Tate, Taylor, Tredway, Trigg, 
Turnbull, Van Winkle, Wallace, Samuel Watts, White, Willey, 
Samuel 0. Williams, Wingfield, Wise—72. 


FRIDAY, May 16. 1851. 

The amendment of Mr. Wise being under consideration, Mr. 
Finney moved to amend the same by striking it out, and inserting in 
lieu thereof the following : 

“ L The legislature shall be formed of two distinct branches, which 
together shall be called the general assembly of Virginia. 

2. One of these shall be called the house of delegates, and shall 
consist of one hundred and fifty members, to be chosen biennially; 
whereof eighty-one delegates shall be chosen for and by the several 
counties, cities and towns lying east of the Blue Ridge; and sixty- 
nine delegates shall be chosen for and by the counties, cities and 
towns, lying west of the Blue Ridge. 

3. The other house of the general assembly shall be called the 
senate, and shall consist of fifty members, and shall continue in 
office four years, and for the selection of whom the counties, cities 
and towns shall be divided into fifty districts, so that there may 
be twenty-seven senators chosen by the districts east of the Blue 
Ridge, and twenty-three chosen by the districts west of the Blue 
Ridge. Each county, city and town of the respective districts, at 
the time of the first election of delegate or delegates, under this con¬ 
stitution, shall vote for one senator, and sheriffs or other officers 
holding the election for each county, city and town, within five days 
at furthest, after the last county, city or town election in the district, 
shall meet at some convenient place, and from the polls so taken in 
their respective counties, cities and towns, return as a senator the 
person who shall have the greatest number of votes in the whole 
district. 

4. Immediately after the senators shall be assembled in consequence 
of such election, they shall be divided by lot into two classes; the 
seats of the senators of the first class shall be vacated at the expira¬ 
tion of the second year, and of the second class, at the expiration of 
the fourth year, after such first election; and this rotation shall be 
continued biennially, so that one half may be chosen every second 
year. In the year 1861, the governor of the commonwealth shall, 
by his proclamation, immediately thereafter, require the qualified 
voters of the commonwealth to assemble in their respective counties, 
cities and towns, and to declare by their votes, whether representation 
in the two houses of the general assembly, or in either of them, shall 
be apportioned according to the number of the qualified voters in the 





16 


commonwealth, or whether the same shall be apportioned in both 
houses of the general assembly, or in either of them, according to the 
number of white inhabitants contained, and the amount of taxes 
raised by the legislature paid in the several counties, cities and towns 
of the commonwealth, deducting therefrom all taxes paid on licenses 
and law process, and allowing one delegate for every one seventy-fifth 
part of said inhabitants, and one delegate for every one seventy-fifth 
part of said taxes, and distributing the number of senators in like 
manner. 

5. It shall be the duty of said sheriffs and other officers, taking said 
polls, within five days after the same shall be closed, to certify true 
copies thereof to the governor, who shall thereupon, as early as may 
be, ascertain the result of the said vote, and make proclamation there¬ 
of; it shall also be the duty of the governor to communicate the same 
to the first general assembly, which shall convene after the taking of 
the said vote ; and the said general assembly thereupon, at the session 
thereof, which shall be held next after the taking of the said vote, 
shall apportion representation in each house of the general assembly, 
according to the principle of representation therein, for which a majo¬ 
rity of the qualified voters shall have declared their preference by the 
vote aforesaid; and thenceforth it shall be the duty of the general as¬ 
sembly, in every tenth year thereafter, to re-apportion and distribute 
the number of senators and delegates throughout the commonwealth, 
according to the same principle of representation. 

6. The right of property is before, and higher than, any legal sanc¬ 
tion. The right of the owners of slaves, as it exists in this common¬ 
wealth, is inviolable, as the right of the owner of any other property, 
and the legislature shall not, by any act or device, destroy or impair 
this right without the consent of the owner. 

7. A majority of the whole number of members elected to serve in 
either branch of the general, assembly shall be required to pass any 
bill authorizing the state to borrow money, or making an appropriation, 
or otherwise rendering pecuniary aid to a work of internal improve¬ 
ment. 

8. Capitation tax shall be equal throughout the state, upon all indi¬ 
viduals subject to the same. All free males over the age of twenty- 
one years, and under the age of forty-five years, and all slaves over 
the age of twelve years, and under the age of fifty years, shall be sub¬ 
ject to such tax ; provided , that nothing herein contained shall prevent 
exemptions of taxable polls, as hereafter prescribed by law, in cases 
of bodily infirmity.” 

Mr. Stanard demanded a division of the question, and it was first 
put upon striking out the amendment of Mr. Wise, and was decided in 
the affirmative—ayes 58, noes 53. 

On motion of Mr. Armstrong, the vote was recorded as follows: 

Ayes— Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour 
Bocock, Botts, Bowles, Braxton, Burgess, Chambliss, Claiborne, Cocke, 
Douglas, Edmunds, Edwards, Faulkner, Finney, Flood, Fultz, Gar¬ 
land, Muscoe R. H. Garnett, Goode, Hall, Hopkins, Janney, Jasper, 
Jones, Leake, Ligon, Lynch, Lyons, McCandiish, William Martin, Me- 


17 


redith, Morris, Petty. Randolph, Ridley, Rives, Saunders, Scoggin, 
Francis YV. Scott, Robert E. Scott, Robert G. Scott, Shell, Arthur 
K. Smith, Snowden, Southall, Stanard, Strother, Taylor, Tredway, 
Tunis, Turnbull, VY T allace, Samuel Watts, Whittle, Wingfield—58. 

Noes —Messrs. Armstrong, Bland, Blue, Bowden, R. E. Byrd, Cam¬ 
den, Carlile, Dale Carter, John A. Carter, Chapman, Chilton, Deneale, 
Ferguson, Fisher, Floyd, Fulkerson, Fuqua, Hays, Hoge, Jacob, John¬ 
son, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, McCamant, 
McComas, Jefferson T. Martin, Miller, Moore, Murphy, Neeson, New¬ 
man, Seymour, Sheffey, Sloan, Benjamin H. Smith, Joseph Smith, 
William Smith, Snodgrass, Stephenson, Janies E. Stewart, Archibald 
Stuart, Summers, Tate, Trigg, Van Winkle, White, Willey, Samuel 
C. Williams, Wise—53. 

The question then recurred upon inserting the amendment of Mr. 
Finney, and was decided in the negative—ayes 2, noes 104. 

On motion of Mr. Armstrong, the vote was recorded as follows : 

Ayes —Messrs. Finney, Taylor—2. 

Noes —Messrs. John Y. Mason, (Pres’t,) Armstrong, Arthur, Banks, 
Barbour, Bland, Blue, Botts, Bowden, Bowles, Braxton, Burgess, R. E. 
Byrd, Camden, Dale Carter, John A. Carter, Chambliss, Chapman, 
Chilton, Cocke, Deneale, Edmunds, Edwards, Faulkner, Ferguson, 
Fisher, Flood, Floyd, Fulkerson, Fultz, Fuqua, Garland, M. R. H. Gar¬ 
nett, Goode, Hall, Hays, Hoge, Hopkins, Jacob, Janney, Jasper, John¬ 
son, Jones, Kenney, Kilgore, Knote, Leake, Letcher, Ligon, Lionber¬ 
ger, Lucas, Lynch, Lyons, McCamant, McCandlish, McComas, Jeffer¬ 
son T. Martin, William Martin, Meredith, Miller, Moore, Morris, Mur¬ 
phy, Neeson, Newman, Petty, Randolph, Ridley, Rives, Saunders, 
Scoggin, Francis W. Scott, Robert E. Scott, Robert G. Scott, Sey¬ 
mour, Shell, Sheffey, Sloan, Arthur R. Smith, Benjamin H. Smith, 
Joseph Smith, William Smith, Snodgrass, Snowden, Southall, Ste¬ 
phenson, James E. Stewart, Archibald Stuart, Summers, Tate, Tred¬ 
way, Trigg, Tunis, Turnbull, Van Winkle, Wallace, Samuel Watts, 
White, Whittle, Willey, Samuel C. Williams, Wingfield, Woolfolk— 
104. 

Mr. Chilton submitted a motion to fill the blank caused by striking 
out proposition A, with the following: 

1. The legislature shall be formed of two distinct branches, which 
together shall be a complete legislature, and shall be called the gene¬ 
ral assembly of Virginia. 

2. One of these shall be called the house of delegates, and shall 
consist of one hundred and fifty members, to be chosen biennially for 
and by the several counties, cities and towns of the commonwealth; 
whereof, eighty-two delegates shall be chosen for and by the coun¬ 
ties, cities and towns lying west of the Blue Ridge of mountains, and 
sixty-eight for and by the counties, cities and towns lying east of the 
Rlue Ridge, and said delegates shall be distributed and apportioned 
as follows, to wit : 

3. The other house of the general assembly shall be called the se¬ 
nate, and shall consist of fifty members, to be elected for four years ; 
of whom, thirty shall be chosen for and by the counties, cities and 

3 


18 


towns lying east of the Blue Ridge of mountains, and twenty for and 
by the counties, cities and towns lying west thereof; and for the elec¬ 
tion of whom, the counties, cities and towns shall be divided into fifty 
districts, to be composed of contiguous territory, and as compact in 
form as may be. Each county, city and town of the respective dis¬ 
tricts, at the time of the first election of its delegate or delegates un¬ 
der this constitution, shall vote for one senator, and the sheriffs or 
other officers holding the election for each county, city and town, 
within five days at farthest after the last election in the district, shall 
meet at some convenient place, within the respective districts, and 
from the polls so taken, in their respective counties, cities and towns, 
return as a senator, the person who shall have the greatest number of 
votes in the whole district. Immediately after the senators shall be 
assembled in consequence of such election, they shall be divided by 
lot into two classes. The seats of the senators of the first class shall 
be vacated at the expiration of the second year, and of the second 
class at the expiration of the fourth year, after such first election, and , 
which rotation shall be continued biennially, so that one-half may be 
chosen every second year ; and for the election of senators the coun¬ 
ties of shall form one district, &c. 

4. It shall be the duty of the general assembly in the year 1S65, 
to re-apportion representation in the senate and house of delegates, and 
in the event the general assembly shall not be able to agree as to the 
principle of representation on which such re-apportionment shall be 
made, or shall fail to make such re-apportionment, then the governor 
of the commonwealth shall, by his proclamation, immediately there¬ 
after require the qualified voters of the commonwealth to assemble in 
their respective counties, cities and towns, and to declare, by their 
votes, whether representation in the two houses of the general assem¬ 
bly, or in either of them, shall be apportioned according to the number 
of the qualified voters in the commonwealth, or according to the 
number of white inhabitants contained and the amount of all taxes 
raised by the legislature paid in the several counties, cities and towns 
of the commonwealth, deducting therefrom all taxes paid on licenses 
and law process, and allowing one delegate for every seventy-fifth 
part of the said inhabitants, and one delegate for every seventy-fifth 
part of the said taxes, and distributing the number of senators in like 
manner; or whether representation shall be apportioned in both 
houses of the general assembly according to all the white population 
contained in, or the whole amount of taxes raised by the legislature 
paid in the several counties, cities and towns of the commonwealth. 

5. It shall be the duty of the said sheriffs and other officers taking 
said polls, within five days after the same shall have been closed, to 
certify true copies thereof to the governor, who shall thereupon as 
early as may be, ascertain the result of the said vote and make procla¬ 
mation thereof. It shall also be the duty of the governor to commu¬ 
nicate the same to the first general assembly which shall convene af¬ 
ter the taking of the said vote, and the said general assembly thereupon, 
at the regular session thereof which shall be held next after the taking of 
said vote, shall apportion representation in each house of the general as- 


19 


sembly, according to the principle of representation therein, for which 
a majority of the qualified voters shall have declared their preference, 
by the vote aforesaid ; and thenceforth it shall be the duty of the gen- 
eial assembly, in every tenth year thereafter, to re-apportion and dis- 
tiibute the number of senators and delegates throughout the common¬ 
wealth, according to the same principle of representation. 

Mr. Scott of Fauquier moved to amend the amendment by substi¬ 
tuting therefor the following : 

1. The legislature shall be formed of two distinct branches, which 
together shall be called the general assembly of Virginia. 

2. One ot these shall be called the house of delegates, and the other 
shall be called the senate. 

3. The house of delegates shall consist of one hundred and fifty 
members, to be chosen for and by the several counties, cities and 
towns of the commonwealth ; and representation therein shall be ap¬ 
portioned among the said counties, cities and towns according to the 
number of the qualified voters contained in each. 

4. The senate shall consist of fifty members, for the election of whom 
the counties, cities and towns shall be divided into districts, and repre¬ 
sentation therein shall be apportioned according to all taxes paid in 
each, except the taxes paid on licenses and law process, and the capi¬ 
tation tax paid by free negroes. 

5. Each county, city and town of the respective districts, at the 
time of the first election of its delegate or delegates, under this amended 
constitution, shall vote for one senator ; and the sheriffs, or other offi¬ 
cers, holding the election for each county, city or town, within five 
days at farthest after the last county, city or town election in the dis¬ 
trict, shall meet at some convenient place, and from the polls so taken 
in their respective counties, cities and towns, return as a senator the 
person who shall have the gieatest number of votes in the whole dis¬ 
trict. 

6. To keep up the senate by rotation, the districts shall be divided 
into classes and numbered by lot; and at the end of years after 
the first general election the members elected by the first division 
shall be displaced, and the vacancies thereby occasioned supplied from 
such class or division by a new election in the manner aforesaid. 
This rotation shall be applied to each division according to its number, 
and continued in due order. 

7. The general assembly in the year , and at intervals thereafter 
of not less than ten years, shall re-apportion representation in both le¬ 
gislative bodies. The first re-apportionment shall be made according 
to the principle and in the manner hereinbefore prescribed. If at the 
time of the second re-apportionment the two houses do not agree upon 
a plan for making the same, it shall be the duty of the general assem¬ 
bly to submit the plans of the respective houses for the determination 
of the qualified voters of the commonwealth, and, thereupon, at the 
session thereof which shall be held next after the said determination 
shall be made, representation in both houses shall be re-apportioned 
according to the plan for which a majority of the said voters shall de¬ 
clare their preference. 


20 


8. The whole number of members to which the state may at any¬ 
time be entitled in the house of representatives of the United States 
shall be apportioned, as nearly as may be, amongst the several coun¬ 
ties, cities and towns according to their respective members, which 
shall be determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other persons. 

Mr. Claiborne demanded a division of the question, and it was first 
put upon striking out the amendment of Mr. Chilton, and was decided 
in the negative—ayes 52, noes 56. 

On motion of Mr. Ferguson, the vote was recorded as follows : 

Ayes— Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Bocock, 
Bowles, Braxton, Burgess, Chambliss, Claiborne, Cocke, Davis, Douglas, 
Edmunds, Edwards, Finney, Flood, Fuqua, Garland, M. R. H. Garnett, 
Goode, Hall, Hopkins, Janney, Jasper, Jones, Leake, Ligon, Lynch, 
Lyons, McCandlish, Meredith, Morris, Petty, Ridley, Rives, Saunders, 
Scoggin, Francis W. Scott, Robert E. Scott, Shell, Arthur R. Smith, 
Snowden, Southall, Stanard, Strother, Taylor, Tredway, Tunis, Turn- 
bull, Wallace, Samuel Watts, Whittle—52. 

Noes— Messrs. Armstrong, Arthur, Bland, Blue, Bowden, Camden, 
Carlile, Dale Carter, John A. Carter, Chapman, Chilton, Deneale, 
Faulkner, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Hays, Hoge, 
Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, 
McCamant, McComas, William Martin, Miller, Moore, Murphy, Neeson, 
Newman, Randolph, Seymour, Sheffey, Sloan, Benjamin H. Smith, 
Joseph Smith, William Smith, Snodgrass, Stephenson, Jas. E. Stew¬ 
art, Archibald Stuart, Summers, Tate, Trigg, Van Winkle, White, 
Willey, Samuel C. Williams, Wingfield, Wise—56. 

Mr. Saunders moved to amend the amendment of Mr. Chilton by 
striking it out and substituting instead thereof the following: 

“ Sec. 2. One of these shall be called the house of delegates, and 
shall consist of 135 members, to be chosen for and by the several 
counties, cities and towns of the commonwealth, in an equal ratio, as 
near as may be, according to the qualified voters thereof. 

Sec. 3. The other house shall be called the senate, and shall con¬ 
sist of thirty-two members, who shall be chosen for and by the coun¬ 
ties, cities and towns of the commonwealth, in an equal ratio, as near 
as may be, according to the whole federal numbers as therein ascer¬ 
tained and contained ; and provided, that hereafter the house of dele¬ 
gates and the senate shall be re-apportioned every ten years, upon the 
same rules and regulations as herein ordained and established.’ 7 

Mr. Saunders demanded a division, and the question was first put 
upon striking out the amendment of Mr. Chilton, and was decided in 
the negative—ayes 48, noes 58. 

On the motion of Mr. Saunders the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Bocock, 
Bowles, Braxton, Burgess, Chambliss, Cocke, Davis, Douglas, Ed¬ 
wards, Flood, Fuqua, Garland, Muscoe R. H. Garnett, Goode, Hall, 
Hopkins, Janney, Jasper, Jones, Leake, Ligon, Lynch, Lyons, Mc¬ 
Candlish, Meredith, Morris, Petty, Ridley, Rives, Saunders, Scoggin, 


21 


Francis W. Scott, Robert E. Scott, Robert G. Scott, Shell, Arthur R. 
Smith, Snowden, Southall, Stanard, Strother, Tunis, Turnbull, Wal¬ 
lace, Samuel Watts, Whittle—43. 

Noes —Messrs. Armstrong, Arthur, Bland, Blue, Bowden, Camden, 
Carlile, Dale Carter, John A. Carter, Chapman, Chilton, Claiborne, 
Deneale, Faulkner, Ferguson, Finney, Fisher, Floyd, Fulkerson, 
Fultz, Hays, Hoge, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, 
Lionberger, Lucas, McCamaut, McComas, William Martin, Miller, 
Moore, Murphy, Neeson, Newman, Randolph, Seymour, Sheffey, 
Sloan, Benjamin H. Smith, Joseph Smith, William Smith, Snodgrass, 
Stephenson, Jas. E. Stewart, Archibald Stuart, Summers, Tate, Tay¬ 
lor, Trigg, Yan Winkle, White, Willey, Samuel C. Williams, Wing¬ 
field—58. 

Mr. Janney submitted a motion that the committee do now rise, 
and the motion was rejected—ayes 54, noes 54. 

On motion of Mr. M. R. H. Garnett the vote was recorded as fol¬ 
lows : 

Ayes —’Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Bocock, Bowles, Braxton, Burgess, John A. Carter, Chambliss, Cocke, 
Davis, Douglas, Edwards, Finney, Flood, Fuqua, Garland, Muscoe R. 
H. Garnett, Goode, Hall, Hopkins, Janney, Jasper, Jones, Leake, Li- 
gon, Lynch, Lyons, McCandlish, Meredith, Morris, Petty, Ridley, 
Rives, Saunders, Scoggin, Francis W. Scott, Robert E. Scott, Robert 

G. Scott, Shell, Arthur R. Smith, Snowden, Southall, Stanard, Stro¬ 
ther, Taylor, Tunis, Turnbull, Wallace, Samuel Watts, White, Whit¬ 
tle, Wingfield—54. 

Noes —Messrs. Armstrong, Bland, Blue, Botts, Bowden, Camden, 
Carlile, Dale Carter, Chapman, Chilton, Claiborne, Deneale, Faulkner, 
Ferguson, Fisher, Floyd, Fulkerson, Fultz, Hays, Hoge, Jacob, John¬ 
son, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, McCamant, 
McComas, Jefferson T. Martin, William Martin, Miller, Moore, Mur¬ 
phy. Neeson, Newman, Randolph, Seymour, Sheffey, Sloan, Benjamin 

H. Smith, Joseph Smith, William Smith, Snodgrass, Stephenson, Jas. 
E. Stewart, Archibald Stuart. Summers, Tate, Trigg, Yan Winkle, 
Willey, Samuel C. Williams—54. 

After some time, Mr. Goode submitted a motion that the committee 
do rise, and it was likewise rejected—ayes 53, noes 55. 

On motion of Mr. Scoggin the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Arthur, Banks, Barbour, 
Bocock, Botts, Bowles, Braxton, Burgess, Chambliss, Cocke, Davis, 
Douglas, Edwards, Finney, Flood, Fuqua, Garland, Muscoe R. H. 
Garnett, Goode, Hall, Hopkins, Janney, Jasper, Jones, Leake, Ligon, 
Lynch, Lyons, McCandlish, Meredith, Morris, Petty, Ridley, Rives, 
Saunders, Scoggin, Francis W. Scott, Robert E. Scott, Robert G. 
Scott, Shell, Arthur R. Smith, Snowden, Southall, Stanard, Strother, 
Taylor, Tunis, Turnbull, Wallace, Samuel Watts, Whittle, Wing¬ 
field—53. 

N oes —M essrs. Armstrong, Bland, Blue, Bowden, Camden, Carlile, 
Dale Carter, John A. Carter, Chapman, Chilton, Claiborne, Deneale, 
Faulkner, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Hays, Hoge, 

t 

I 




22 


Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, Lucas, 
McCamant, McComas, Jefferson T. Martin, William Martin, Miller, 
Moore, Murphy, Neeson, Newman, Randolph, Seymour, Sheffey, 
Sloan, Benjamin H. Smith, Joseph Smith, William Smith, Snodgrass, 
Stephenson, James E. Stewart, Archibald Stuart, Summers, Tate, 
Trigg, Van Winkle, White, Willey, Samuel C. Williams—55. 

After some farther time spent in the consideration of the amend¬ 
ment, Mr. Flood moved that the committee rise, and the motion was 
rejected—ayes 50, noes 56. 

On motion of Mr. Flood the vote was recorded as follows : 

Ayes —Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Bocock, 
Botts, Bowles, Braxton, Burgess, Chambliss, Cocke, Davis, Douglas, 
Edwards, Finney, Flood, Fuqua, Garland, Muscoe R. H. Garnett, 
Goode, Hall, Hopkins, Janney, Jasper, Jones, Leake, Ligon, Lynch, 
Lyons, McCandlish, Meredith, Morris, Petty, Rives, Saunders, Scog- 
gin, Francis W. Scott, Robert E. Scott, Robert G. Scott, Shell, 
Arthur R. Smith, Snowden, Southall, Stanard, Strother, Taylor, 
Tunis, Turnbull, Wallace, Samuel Watts, Whittle—50. 

Noes —Messrs. Armstrong, Arthur, Bland, Blue, Bowden, Camden, 
Carlile, Dale Carter, John A. Carter, Chapman, Chilton, Claiborne, 
Daneale, Faulkner, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Hays, 
Hoge, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, 
Lucas, McCamant, McComas, Jefferson T. Martin, William Martin, 
Miller, Moore, Murphy, Neeson, Newman, Randolph, Seymour, 
Sheffey, Sloan, Benjamin H. Smith, Joseph Smith, Snodgrass, Ste¬ 
phenson, James E. Stewart, Archibald Stuart, Summers, Tate, Trigg, 
Van Winkle, White, Willey, Samuel C. Williams, Wingfield—56. 

The question then recurred upon filling the blank with the amend¬ 
ment of Mr. Chilton, and was decided in the affirmative—ayes 55, 
noes 48. 

On motion, the vote was recorded as follows: 

Ayes —Messrs. Armstrong, Arthur, Bland, Blue, Bowden, Camden, 
Carlile, Dale Carter, John A. Carter, Chapman, Chilton, Claiborne, 
Deneale, Faulkner, Ferguson, Fisher, Floyd, Fulkerson, Fultz, Hays, 
Hoge, Jacob, Johnson, Kenney, Kilgore, Knote, Letcher, Lionberger, 
Lucas, McCamant, McComas, Jefferson T. Martin, William Martin, 
Miller, Moore, Murphy, Neeson, Newman, Randolph, Seymour, Sloan, 
Benjamin H. Smith, Joseph Smith, Snodgrass, Stephenson, James E. 
Stewart, Archibald Stuart, Summers, Tate, Trigg, Van Winkle, 
White, Willey, Samuel C. Williams, Wingfield—55. 

Noes —Messrs. John Y. Mason, (Pres’t,) Banks, Barbour, Bocock, 
Botts, Bowles, Braxton, Burgess, Cocke, Davis, Douglas, Edwards, 
Finney, Flood, Garland, Muscoe Pt. H. Garnett, Goode, Hall, Hop¬ 
kins, Janney, Jasper, Jones, Leake, Ligon, Lynch, Lyons, McCandlish, 
Meredith, Morris, Petty, Rives, Saunders, Scoggin, Francis W. Scott, 
Robert E. Scott, Robert G. Scott, Shell, Arthur R. Smith, Snowden, 
Southall, Stanard, Strother, Taylor, Tunis, Turnbull, Wallace, Sa¬ 
muel Watts, Whittle—48. 

Mr. M. R. H. Garnett moved to amend the amendment just adopt¬ 
ed, in the fourth section, first line, by striking out the words, “ in the 



23 


year 1865,” and inserting the words, “at its first session after the end 
of fifteen years, next after the ratification of this constitution.” 

Mr. McCandlish demanded a division of the question, and it was 
first put upon striking out the words indicated, and was decided in the 
negative—ayes 44, noesfil. 

On motion of Mr. M. R. H. Garnett, the vote was recorded as fol¬ 
lows : 

Ayes —Messrs. John Y. Mason, (Pres’t.) Arthur, Banks, Barbour, 
Bocock, Bowles, Braxton, Burgess, Cocke, Davis, Edwards, Flood, 
Fuqua, Garland, Muscoe R. H. Garnett, Goode, Hall, Hopkins, Jan- 
ney, Jasper, Jones, Ligon, Lynch, Lyons, Meredith, Morris, Petty, 
Rives, Saunders, Scoggin, Francis W. Scott, Robert E. Scott, Robert 
G. Scott, Shell, Southall, Stanard, Strother, Taylor, Tunis, Turnbull, 
Wallace, Samuel Watts, Whittle, Woolfolk—44. 

Noes —Messrs. Armstrong, Bland, Blue, Bowden, Carlile, Dale Car¬ 
ter, John A. Carter, Chapman, Chilton, Claiborne, Deneale, Douglas, 
Faulkner, Ferguson, Fisher, Fulkerson, Fultz, Hays, Hoge, Jacob, 
Johnson, Kenney, Kilgore, Knote, Letcher, Lucas, McCamant, Mc¬ 
Candlish, McComas, Jefferson T. Martin, William Martin, Miller, 
Moore, Murphy, Neeson, Randolph, Seymour, Sheffey, Sloan, Joseph 
Smith, Snodgrass, Stephenson, James E. Stewart, Archibald Stuart, 
Summers, Tate, Yan Winkle, White, Willey, Samuel C. Williams, 
Wingfield—51. 

On motion of Mr. Taylor, the word “ regular” was inserted before 
the word “ session,” in the eighth line of the fifth section. 

Mr. Botts moved to amend the second section, in the second line, 
by striking out the word u biennial ;” and the motion being submit¬ 
ted to the committee was rejected. 

On motion of Mr. Wise, the committee then rose, and reported the 
result of its deliberations to the convention. 



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REPORT OF THE COMMITTEE 


ON THE 

BASIS OF REPRESENTATION. 


The Committee appointed to consider and report a proper Basis of 
Representation in the two Houses of the General Assembly, and to 
make a proper apportionment of representation among the people of the 
Commonwealth, &c., have, according to order, had under consideration 
in part the matters to them referred, and respectfully submit the 
following report thereupon : 

Upon the question of the Basis of Representation, the Committee has 
found itself equally divided in opinion ; twelve of its members agreeing 
and adhering to one principle of representation, and the other twelve 
members agreeing and adhering to another and different principle. 
Each moiety of the committee has prepared aii apportionment and 
distribution of senators and delegates upon the principle of representation 
proposed by them respectively. 

The Convention having, by the resolution creating the committee, 
directed it “ to make a proper apportionment of representation among 
the people of the Commonwealth,’ 5 we have considered ourselves as 
necessarily authorised to fix the numbers of which the two branches 
of the general assembly shall consist, inasmuch as no apportionment 
could be made or proposed without first ascertaining the whole number' 
of representatives to be apportioned. 

There is a general concurrence of opinion in the committee, that it 
Will be found necessary to enlarge the present number of senators and 
delegates, but there is a difference of Opinion as to the extent of the 
increase which should be made. One moiety of the committee propose 
that the house of delegates shall consist of one hundred and fifty 
members, and that the senate shall consist of fifty-one members ; the 
other moiety of the committee propose that the house of delegates shall 
consist of one hundred and fifty-six members, and that the senate shall 
consist of thirty-six members, the latter being an increase of the senate 
in the precise ratio of the increase proposed for the house. 

In this state of divided opinion, the committee, by a unanimous vote, 
has determined to report both these plans of representation and appor¬ 
tionment to the Convention, and to ask that they be received as com¬ 
peting propositions, to be disposed of in such manner as th the wisdom 
of the Convention may seem best. 

They are accordingly herewith presented; the one being marked A, 
for the purpose of designation, and the other being marked B. 






Sec. 1. The legislature shall be lormed of two distinct branches, 

2 which together shall'be a complete legislature, and shall be called 

3 the general assembly of Virginia. 

2. One of these shall be called the house of delegates, and shall 

2 consist of one hundred and titty members, to be chosen biennially 

3 for and by the several counties, cities and towns of the common- 
1 wealth, whereof the counties of Charles City, New Kent and James 
5 City shall together elect one delegate; the counties of Elizabeth City, 
0 Warwick, and York and the City of Williamsburg shall together 

7 elect one delegate; the counties of Lancaster and Northumberland 

8 shall together elect one delegate; the counties of Richmond and 

9 Westmoreland shall together elect one delegate ; the counties 
j() of Matthews and Middlesex shall together elect one delegate; 

| L the counties of Prince George and Surry shall together elect one 
[2 delegate ; the counties of Southampton and Greenesville shall to- 
(3 get her elect two delegates ; the counties o^ Orange and Greene shall 
[1 together elect two delegates; the counties of Alexandria, Amelia, 
15 Amherst, Appomattox, Brunswick, Buckingham, Campbell, Caro- 
[0 line, Charlotte, Culpeper, Cumberland, Dinwiddie, Essex, Fairfax, 
|7 Fluvanna, Goochland, Gloucester, Hanover, Henrico, Henry, 
i.8 Isle of Wight, King Geprgc, King <fc Queen, King William, Lunen- 

19 burg, Louisa,Madison, Nansemond, Nelson,Northampton, Nottoway, 

20 Patrick, Powhatan, Prince Edward, Princess Ann, Prince 

21 William, Raj pahannock, Spottsvlvania, Stafford, Sussex, and the 
‘>2 town of Lynchburg shall each elect one delegate ; the counties of 

23 Accomack, Albemarle, Bedford, Chesterfield, Fauquier, Franklin, 

24 Halifax, Mecklenburg, Pittsylvania, Norfolk, and the cities of No7- 

25 folk and Petersburg shall each elect two delegates; the county of 
20 Loudoun shall elect three delegates, and Richmond city shall elect 

2 7 four delegates; the counties of Morgan and Hampshire shall together 

28 elect two delegates, the counties of Path and Alleghany 

29 shall together elect one delegate; the counties of Highland and 
39 Pendleton shall together elect one delegate; the counties of Clarke, 

31 Hardy, Page, Roanoke and Warren shall each elect one delegate; 

32 the counties of Berkeley, Frederick, Botetourt, Jefferson, Rock- 

33 bridge, and Shenandoah shall each elect two delegates; the coun- 

34 ties of Rockingham and Augusta shall each elect three delegates; 

35 the counties of Grayson and Carroll shall together elect one dele- 
3h gate; (he counties of Giles and Mercer shall together elect one de- 

37 legate; the counties of Logan, Boone, Wyoming and Raleigh shall 

38 together elect one delegate; the counties of Cabell and Wayne shall 

39 together elect one delegate; the counties of Fayette and Nicholas 

40 shall together elect one delegate; the counties of Braxton and Cxil- 

41 mer shall together elect one delegate; the counties of Wirt and 

42 Ritchie shall together elect one delegate; the counties of Randolph 

43 and Pocahontas shall together elect one delegate; the counties of 

44 Tyler and Wetzel shall together elect one delegate; the counties of 

45 Kanawha and Putnam shall together elect two delegates; the couii- 
4G ties of Doddridge and Harrison shall together elect two delegates; 
1? the counties ol Barbour. Brooke, Floyd, Greenbrier, Hancock. 
•18 Jackson, Lee, Lewis, Marion, Marshall, Mason. Monroe, Mont* 


49 


gomcry, Preston, Pulaski, Russell. Smyth, Seoti, r Pazevvell, Tay- 


52 

2 

3 


(5 

/ 

8 

9 

10 

11 

12 


50 lor, Wood and \V ythe shall each elect one delegate, and the counties 
ol of Washington, Monongalia and Ohio shall each elect two dele- 
gates. 

3. The other house of the general assembly shall he called the se¬ 
nate, and shall consist of fifty- no members, for the election of 
whom the counties, cities, and towns shall he divided into fifty-one 

4 districts, as hereinafter provided : Each county of the respective 

5 districts, at the time of its first election of its delegate or delegates 
under this constitution, shall vote for one senator, and the sheriffs 
of county, city, or town, within live days at farthest after the last 
county, city or town election in the district, shall meet at some 
convenient place, and from the polls so taken in their respective 
counties, cities, or towns, return as a senator the person who shall 
have the greatest number of votes in the whole district. To keep 
up the senate by rotation, the distiicts shall be divided into two 

13 classes, as nearly equal as may be, and numberd by lot. At the 

14 end of .two years after the first general election, the members elected 

15 by the first division shall be displaced, and the vacancies thereby 

16 occasioned supplied from such class or division by a new election 

17 in the manner aforesaid. This rotation shall he applied to each di- 

18 vision according to its number, continued in due order bien- 

19 nially. And for the election of senators, (he counties of Acco- 

20 mack, Northampton, Elizabeth City, Warwick and York shall form 

21 one district; 1 the counties of Matthews, Gloucester, Middlesex, Lan- 

22 caster and Northumberland shall form another district.; the counties 

23 of Richmond, Westmoreland, King George and Stafford shall form 

24 another district; Richmond City shall form another district; the 

25 counties of Henrico, James City and Charles City shall form ano- 

26 ther district; the counties of New Kent, King William, King and 

27 Qmeen and Essex shall form another district; the counties of Ca- 

28 roline and Spottsylvania shall fonn another district; the counties of 

29 Hanover, Goochland and Fluvanna shall form another district; the 

30 counties of Louisa, Orange and Greene shall form another district; 

31 the county of Albemarle shall form another district; the counties of 

32 Madison, Culpeper and Rappahannock shall form another district; 

33 the counties of Fauquier and Prince William shall form another 

34 district; the counties of Fairfax and Alexandria shall form another 

35 district; the county of Loudoun shall form another district; the 

36 county of Princess Anne and the city of Norfolk shall form another 

37 district; the counties of Norfolk and Nansemond shall form another 

38 district; the counties of Isb of Wight, Southampton aud Sussex 

39 shall form another district; the counties of Surry and Prince George 

40 and the city of Petersburg shall form another district; thecounii\s 

41 ofDinwiddie, Brunswick and Greensville shall form another dis- 

42 trict; the counties of Chesterfield, Powhatan and Amelia shall form 

43 another district; the counties of Nottoway, Prince Edward and 

44 Lunenburg shall form another district; the counties of Mccklen- 

45 burg and Charlotte shall form .another district; the comities of 

46 Campbell and Appomattox and Xhe town of Lynchburg shall form 

47 another district; the counties of 'Buckingham, Cumberland and 

48 Nelson shall form another district; the county of Halifax shall form 

49 another district; the county of Pittsylvania shall form another dis- 




1 


50 tricl; the counties of Patrick, Henry and Frankltn^shall form ano- 

51 llier district; the counties of Bedford and Amherst shrll form ano- 

52 ther district; the counties of Roanoke, Botetourt and Alleghany 

53 shall form another district; the counties of Rockbrige, Bath, High- 
,54 land and Pendleton shall form another district; the county of Au- 

55 gusta shall form apother district; the county of Rockingham shall 

56 form another district; the counties of Page and Shenandoah shall 

5.7 form another district; the counties of Warren and Frederick shall 

5.8 form another district; the counties of Clarke and Jefferson shall 

59 form another district; the counties of Berkeley and 1 Morgan shall 

60 form another district; the counties of Hampshire and Hardy shall 

6L form another district; the counties of Lee, Scott and Russell shall 

62 form another district; the counties of Washington and Smythe 
6.3 shall form another district; the counties of Wythe, Pulaski and 

64 Tazewell shall form another district; the counties of Montgomery, 

65 Floyd, Carroll and Grayson shall form another district; the coun- 

66 ties of Giles, Mercer and Monroe shall form another district; the 

67 counties of Logan, Boone, Wyoming, Raleigh, Cabell, Wayne and 
68, Fayette sh,all form another district; the counties of Kanawha, Put- 

69 nam and Mason shall form, anpther district; the counties of Green- 

70 brier, Nicholas, Pocahontas and Braxton shall form another district ; 

the counties of Jackson, Wood, Wirt, Gilmer and Ritchie shall 

72 form another district; the counties of Hancock, Brooke and Ohio 

73 shall form another district; the counties of Marshall, Tyler and 

74 Wetzel shall form another district; the counties of Doddridge, 

75 Harrison and Lewis shall form another district; the counties of 

76 Marion, Monongalia and Taylor shall form another district, and 

77 the counties of Preston, Randolph and Barbour shall form another 

78 district. 

4- The general assembly, after the year 1852, and at intervals there- 

2 after of not less than ten years, shall re-apportion the representation 

3 of the counties, cities and towns’of this commonwealth in both le- 

4 gislative bodies, according to the number of white inhabitants con- 

5 tained, and the amount of all taxes raised by the legislature paid, i# 

6 each, deducting therefrom all taxes paid on licenses and law process. 

7 In making such re-apportionment, there shall be allowed one delegate 

8 for every seventy-fifth part of the said inhabitants, and one delegate 

9 for every seventy-fifth partj of the said taxes, and the senators shall 

10 be distributed in like manner. 

5. In every re-apportionment of representation in the general assem- 

2 bly under this amended constitution, the amount of taxes shall be esti- 

3 mated from the average of the ten preceding years. 

6. The whole number of members to which the state may at any 

2 lime be entitled in the house of representatives of the United States^ 

3 shall be apportioned as nearly as may be amongst the several counties, 

4 cities and towns, according to their respective numbers, which shall be 

5 determined by adding to the whole number of free persons, including 

6 those bound to service for a term of years, and excluding Indians not 
7' taxed, three-fifths of all other persons. 


Sec. 1. The legislature shall be formed of two distinct branches, 

2 which together shall be a complete legislature, and shall be called the 

3 general assembly of Virginia. 

2. One of these shall be called the house of delegates, and shall con- 

2 sist of one hundred and fifty-six members, to be chosen biennially by 

3 the qualified voters of the several counties and cities of the common- 

1 wealth ; and the other of these shall be called the senate, and shall 

5 consist of thirty-six members, to be chosen in like manner, and to con- 

6 tinue in office for four years. 

3. The qualification necessary to confer the right of suffrage shall bo 

2 uniform throughout the commonwealth, so that in all elections of sena- 

3 tors and delegates the same qualification shall confer the same right of 

4 suffrage ; and the suffrage of one qualified voter shall avail as much 

5 as that of another qualified voter, whatever may be the difference in 

6 value of the property owned by them respectively. 

4. As individual suffrage should be equal without respect to the dif- 

2 ference of individual wealth, so an equal number of qualified voters 

3 shall be entitled to equal representation without regard to their aggre- 

4 gate wealth. 

5. Representation shall be equal and uniform in this commonwealth, 

2 and shall always be regulated and ascertained by the number of quali- 

3 fied voters therein. 

6. In the year 1855, and in every tenth year thereafter, an enumera- 

2 tion of all the qualified voters within the commonwealth shall be made ; 

3 and at the several sessions of the general assembly which shall be held 

4 next after the making of such enumerations; the number of senators and 

5 delegates shall be apportioned among the several districts, counties and 

6 cities, as near as may be according to the number of qualified voters in 

7 each ; and until such first enumeration and apportionment shall be made, 

8 the number of delegates shall be apportioned and distributed as follows, 

9 to wit—the city of Richmond and the county of Henrico, shall together 
.10 elect four delegates: the counties of Loudoun, Augusta,. Rockingham, 
11 and Ohio, shall each elect three delegates: the counties of Accomac, 
\2 Norfolk, Campbell, Halifax, Pittsylvania, Bedford, Frankliu, Albe- 

13 marie, Fauquier, Berkeley, Jefferson, Frederick, Hampshire, Shenan- 

14 doah, Rockbridge, Preston, Monongalia, Marshall, Harrison, Marion, 
45 Russell, Washington and Kanawha shall each elect two delegates: the 

16 counties of Botetourt and Alleghany shall together elect two delegates : 

17 the counties of Greenbrier and Pocahontas shall together elect two 

18 delegates : the counties of Monroe and Mercer shall’ together elect two 

19 delegates: the counties of Wood and Wirt shall together elect two 

20 delegates: the counties of Gilmer and Lewis shall together elect two 

21 delegates, and the counties of Wythe and Pulaski shall together elect 

22 two delegates: the counties of Northampton, Princess Anne, Nanse- 

23 mond, Isle of Wight, Southampton, Brunswick, Dinwiddie, Chester- 

24 field, Mecklenburg, Lunenburg, Prince Edward, Appomattox, Char- 

25 lotto, Buckingham, Patrick, Henry, Hanover, Louisa, Goochland, 

26 Fluvanna, Nelson, Amherst, Madison, Culpeper, Rappahannock, 

27 Spottsyivania, Caroline, Gloucester, Mathews, Prince William, Alex- 

28 andria, Fairfax, Morgan, Clarke, Warren, Page, Hardy, Pendleton, 

29 Roanoke, Hancock, Brooke, Wetzel, Tyler, Taylor, Barbour, Braxton, 




6 


30 Nicholas, Randolph; Jackson, Mason, Putnam, Cabell, Wayne, Giles, 

31 Montgomery, Floyd, Carroll, Grayson, Tazewell and Smythe, and the 

32 cities of Norfolk and Petersburg, shall each elect one delegate : the 

33 counties of Greenesville and Sussex shall together elect one delegate: 

34 the counties of Prince George and Surry shall together elect one dele- 

35 gate : the counties of Amelia and Nottoway shall together elect one 

36 delegate: the counties of Cumberland and Powhatan shall together 

37 elect one delegate: the counties of Warwick, Elizabeth City and York 

38 shall together elect one delegate : the counties of Charles City, New 

39 Kent, James City and the city of Williamsburg shall together elect one 

40 delegate: the counties of Orange and Greene shall together elect one 
4j, delegate: the counties of King William and King and Queen shall to- 

42 gether elect one delegate: the counties of Essex and Middlesex shall 

43 together elect one delegate: the counties of Lancaster and Northum- 

o o # 

44 berland shall together elect one delegate : the counties of Richmond 

45 and Westmoreland shall together elect one delegate: the counties of 

46 King George and Stafford shall together elect one delegate : the coun- 

47 ties of Highland and Bath shall together elect one delegate; the coun- 

48 ties of Doddridge and Ritchie shall together elect one delegate: the 

49 counties of Logan and Boone shall together elect one delegate: the 

50 counties of Fayette, Wyoming and Raleigh shall together elect one 

51 delegate, and the counties of Scott and Lee shall together elect one 

52 delegate. 

7. For the election of senators, the several counties and cities shall be 

2 divided into thirty-six distracts, composed of contiguous territory, and 

3 as compact in form as mayjbe. Each county and city of the respective 

4 districts, at the time of the first election of its delegate or delegates 

5 under this constitution, shall vote for one senator; and the sheriff’s or 

6 other officers holding the election for each county and city, within five 

7 days at furthest after the last county or city election in the district, 

8 shall meet at some convenient place, and from the polls so taken in 

9 their respective counties or cities, return as a senator the person who 

10 shall have the greatest number of votes in the whole district. Imme- 

11 diately after the senators shall be assembled, in consequence of such 

12 election, they shall be divided by lot into two classes. The seats of 

13 the senators of the first class shall be vacated at the expiration of the 

14 second year, and of the second class at the expiration of the fourth 

15 year after such first election ; and this rotation shall be continued 

16 biennially, so that one-half may be chosen every second year. 

And until the first enumeration and apportionment hereinbefore pro- 

2 vided shall have been made, the counties of Ohio, Brooke and Hancock 

3 shall form one district: the counties of Monongalia and Preston shall 

4 form another district : the counties of Tyler, Wetzel, Marshall and 

5 Doddridge shall form another district: the counties of Harrison, Tay- 

6 lor and Marion shall form another district : the counties of Randolph, 

7 Barbour. Lewis and Braxton shall form another district: the counties 

8 of Wood, Wirt, Ritchie, Jackson and Gilmer shall form another dis- 

9 trict: the counties of Kanawha, Putnam and Mason shall form another 

10 district: the counties of Monroe, Greenbrier, Nicholas and Pocahontas 

11 shall form another district: the counties of Cabell, Wayne, Logan, 

12 Boone, Fayette, Raleigh and Wyoming shall form another district: the 

13 counties of Floyd, Pulaski, Montgomery, Giles and Mercer shall form 

14 another district : the counties of Wythe, Carrol] and Tazewell shall 





15 

16 

17 

18 

19 

20 
21 
22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

47 

48 

49 

2 

3 

4 

5 

6 


form another district : the counties of Washington, Smythe and Gray¬ 
son shall form another district: the counties of Lee, Scott and Russell 
shall form another district: the counties, of Botetourt, Roanoke and 
Rockbridge shall form another district : the counties of Augusta, Alle¬ 
ghany and Bath shall form another district : the counties of Rocking¬ 
ham, Pendleton and Highland shall form another district: the counties 
of Shenandoah, Hardy and Page shall form another district: the coun¬ 
ties of Frederick; Hampshire and Warren shall form another district: 
the counties of Berkeley, Jefferson, Clarke and Morgan shall form 
another district: the counties of Loudoun, Fairfax and Alexandria shall 
form another district: the counties of Fauquier, Rappahannock and 
Prince William shall form another district : the counties of Culpeper, 
Spottsylvania, Madison, Greene and Orange shall form another district: 
the counties of A lbemarle, Nelson and A mherst shall form another dis¬ 
trict : the counties of Hanover, Goochland, Louisa, Fluvanna and King 
William shall form another district : the city of Richmond and the 
county of Henrico shall form another district: the counties of New 
Kent, Charles City, York, Elizabeth City, Warwick, Northampton, 
Accomack, James City and the city of Williamsburg shall form another 
district: the counties of Stafford, King George, Westmoreland, Rich¬ 
mond, Northumberland and Lancaster shall form another district: the 
counties of Caroline, Essex, King and Queen, Middlesex, Gloucester 
and Matthews shall form another district: the counties of Norfolk, 
Princess Anne and the city of Norfolk shall form another district: the 
counties of Southampton, Sussex, Prince George, Surry, Isle of Wight 
and Nansemond shall form another district: the counties of Nottoway, 
Lunenburg, Brunswick, Mecklenburg and Greenesville shall form ano¬ 
ther district: the counties of Powhatan, Amelia,-Chesterfield, Dinwid¬ 
dle and the city of Petersburg shall form another district: the counties 
of Buckingham, Appomattox, Cumberland, Prince Edward and Char¬ 
lotte shall form another district: the counties of Bedford and Campbell 
shall form another district: the counties of Pittsylvania and Halifax 
shall form another district: and the counties of Franklin, Henry and 
Patrick shall form another district, and each of said districts shall be 
entitled to elect one senator. 

8. When a new county shall hereafter be created, it shall be the duty 
of the general assembly to make provision, by law, for securing to the 
people of such new county an adequate representation, which provision 
shall continue until the next regular decimal re-apportionment; but 
this section shall not authorise an increase of senators or delegates be¬ 
yond the numbers hereinbefore prescribed. 


AN APPORTIONMENT FOR A SENATE OF 52 MEMBERS. 

TO ACCOMPANY B. 

Accomack, Northampton, York, James City, Williamsburg and Charles 

2 City one district: Elizabeth City, Warwick, Norfolk City and Princess 

3 Anne another district: Norfolk county and Nansemond another dis- 

4 trict: Isle of Wight, Southampton, Sussex, Surry and Greenesville ano- 

5 ther district: Prince George, Petersburg and Chesterfield another dis- 

6 trict : Mecklenburg. Brunswick and Lunenburg another district : Din- 

P o 

7 widdie, Nottoway, Amelia, Powhatan and Prince Edward another 


8 district : Cumberland, Buckingham, Appomattox and Fluvanna anothei 

9 district: Franklin and Henry another district: Pittsylvania another 
i() district: Halifax and Charlotte another district: Bedford another dis- 

11 trict: Campbell and Amherst another district: Albemarle and Nelson 

12 another district: Richmond City another district: New Kent, Henrico 

13 and Hanover another district: Goochland, Louisa and Spottsylvania 

14 another district: Orange, Greene, Madison and Culpeper another dis- 

15 trict: Rappahannock and Fauquier another district: Loudoun another 

16 district: Alexandria, Fairfax and Prince William another district: 

17 Stafford, King George and Caroline another district: Essex, West- 

18 moreland, Richmond, Northumberland and Lancaster another district: 

19 Matthews, Middlesex, Gloucester, King and Queen, and King William, 

20 another district: Botetourt and Roanoke another district: Alleghany, 

21 Bath and Rockbridge another district: Augusta another district: 

22 Rockingham another district: Highland, Pendleton and Hardy another 

23 district: Shenandoah and Page another district: Frederick, Clarke and 

24 Warren another district: Hampshire and Morgan another district: Jef- 

25 ferson and Berkeley another district: Ohio another district: Brooke, 

26 Hancock and Marshall another district: Monongalia and Wetzel ano- 

27 ther district: Marion and Tyler another district: Preston and Taylor 

28 another district: Harrison and Barbour another district: Lewis, Ran- 

29 dolph and Braxton another district: Doddridge, Ritchie, Wood and 

30 Gilmer another district: Mason, Jackson and Wirt another district: 

31 Kanawha and Putnam another district: Greenbrier, Nicholas and Poca- 

32 hontas another district: Cabell, Wayne, Logan, Boone and Wyoming 

33 another district: Monroe, Mercer, Raleigh and Fayette another dis- 

34 trict: Montgomery, Pulaski and Giles another district: Patrick, Floyd 

35 and Carroll another district: Grayson and Wythe another district: 

36 Smythe and Washington another district: Tazewell and Russell ano- 

37 ther district: and Scott and Lee another district. 




/ 


AMENDMENT 


PROPOSED BY MR. SCOTT, OF FAUQUIER, 

TO THE 

REPORT OF THE COMMITTEE 

ON THE 

BASIS OF REPRESENTATION. 


1. The Legislature shall be formed of two distinct branches, which 

2 together shall be a complete Legislature, and shall be called the Gene- 

, i 

3 ral Assembly of Virginia. 

2. One of these shall be called the House of Delegates, and shall con- 

2 sist of members, to be chosen for and by the several counties, 

3 cities and towns of the commonwealth. The other shall be called the 

4 Senate, and shall consist of members, for the election of whom the 
4 5 counties, cities and towns shall be divided into districts. Each county, 

6 city and town, of the respective districts at the time of the first election 

> 

% , 

I 7 of its delegate or delegates under this amended Constitution, shall vote 

8 for one Senator; and the Sheriffs or other officers holding the elec- 

~ v »• >.». « ’ i - : i , ■ t 

9 tion for each county, city or town, within five dftys at farthest after 

V 

10 the last county, city or town election in the district, shall meet at 

II some convenient place, and from the polls so taken in their respective 

12 counties, cities and towns, return as a Senator the person who shall 

;~ ' * v .v -t \ 

13 have the greatest number of votes in the whole district. 

* ** *. t ■y 

3. To keep up the Senate by rotation, the districts shall be divided 

2 into classes and numbered by lot. At the end of years after the 

3 first general election, the members elected by the first division 







2 


4 shall be displaced, and the vacancies thereby occasioned supplied 

5 such class or division by a new election in the manner aforesaid. This 

6 rotation shall be applied to each division according to its number, and 

7 continued in due order. 

4. Representation in both legislative bodies shall be apportioned 

2 amongst the counties, cities and towns according to the number of 

3 white inhabitants contained, and the amount of all taxes paid, in each ; 

4 deducting from such taxes, all taxes paid on licenses and law process. 

5 In making such apportionment, there shall be allowed one delegate for 

6 every part of the said inhabitants, and one delegate for every 

* 

7 part of the said taxes ; and in like manner there shall be allowed one 

8 Senator for every part of the same : Provided , that the represen- 

9 tation of no city or town shall at any time exceed Delegates and 

10 Senators ; but the surplus fractions thereof, whether of population 

11 or taxation, or of both combined, shall be estimated in assigning represen- 

12 tation to the sections of the state in which they are respectively situated. 

5. The General Assembly, after the year , and at intervals thereafter 

2 of not less than ten years, shall re-apportion representation in both Le- 

\ 

3 gislative bodies, according to the principle and in the manner herein de- 

4 dared ; but in every re-apportionment, the amount of taxes shall be es- 

5 timated from the average of the ten preceding years. 

6. The whole number of members to which the State may at any time 

2 be entitled in the House of Representatives of the United States shall be 

3 apportioned as nearly as may be amongst the several counties, cities 

4 and towns, according to their respective numbers, which shall be de- 

> '•* jf 

5 termined by adding to the whole number of free persons, including those 

6 bound to service for a term of years, and excluding Indians not taxed, 

7 three-fifths of all other persons. 



% 

















V l R GIN [A 

^Decl^’f ?A ' o\ 


BILL OF RIGHTS, 


PASSED JUNE 12, 1776; 


ADOPTED WITHOUT ALTERATION BY THE 


STATE CONVENTION -OF 1829-30, * 


AND RE-ADOPTED WITH 


AMENDMENTS 


BY THE 


STATE CONVENTION OF 1850-51. 


% 


RICHMOND : 

WILLIAM CULLEY, PRINTER. 

1851. 











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A DECLARATION OF RIGHTS 

Made by the Representatives of the good people of Virginia , assem¬ 
bled in full and free Convention , which rights do pertain to them 
and their posterity as the basis and foundation of government . 

1. That all men are by nature equally free and independent, and have 
certain inherent rights, of which, when they enter into a state of society, 
they cannot, by any compact, deprive or divest their posterity; namely* 
the enjoyment of life and liberty, with the means of acquiring and possess¬ 
ing property, and pursuing and obtaining happiness and safety. 

2. That all power is vested in, and consequently derived from, the peo¬ 
ple ; that magistrates aie their trustees and servants, and at all times ame¬ 
nable to them. 

m " " ' ’•* / J 

• , ■» 

3. That governments, or ought to be, instituted for the common benefit, 
protection and security of the people, nation or community : of all the va¬ 
rious modes and forms of government, that is best which is capable of pro¬ 
ducing the greatest degree of happiness and safety, and is most effectually 
secured against the danger of mal-administration ; and that, when any gov¬ 
ernment shall be found inadequate or contrary to these purposes, a majority 
of the community hath an indubitable, unalienable and indefeasible right to 
reform, alter or abolish it, in such manner as shall be judged most condu¬ 
cive to the public weal. 

4. That no man, or set of men, are entitled to exclusive or separate emol¬ 
uments or privileges from the community but in consideration of public 
services, which, not being descendible, neither ought the offices of magis¬ 
trate, legislator or judge to be hereditary. 

5. That the legislative, executive and judicial powers should be separate 
and distinct; and that the members thereof may be restrained from oppres- 




4 


sion, by feeling and participating the burthens of the people, they should,- 
at fixed periods, be reduced to a private station, return into that body from 
which they were originally taken, and the vacancies be supplied by fre¬ 
quent, certain and regular elections, in which all, or any part of the former 
members, to be again eligible or ineligible, as the laws shall direct. 

6. That all elections ought to be free, and that all men having sufficient 
evidence of permanent common interest with, and attachment to, the com¬ 
munity, have the right of suffrage, and cannot be taxed or deprived of their 
property for public uses, without their own consent, or that of their repre¬ 
sentatives so elected, nor bound by any law to which they have not in 
like manner assented, for the public good, 

7. That all power of suspending laws, or the execution of laws, by any 
authority, without consent of the representatives of the people, is injurious 
to their rights, and ought not to be exercised. 

8. That in all capital or criminal prosecutions, a man has the right to 
demand the cause and nature of his accusation, to be confronted with the 
accusers and witnesses, to call for evidence in his favor, and to a speedy 

trial by an impartial jury of twelve men of his vicinage, without whose 
unanimous consent he cannot be found guilty ; nor can he be compelled to 
give evidence against himself; that no man be deprived of his liberty, ex¬ 
cept by the law of the land or the judgment of his peers. 

9. That excessive bail ought not to be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishments inflicted. 

10. That general warrants, whereby an officer or messenger may be 
commanded to search suspected places without evidence of a fact commit¬ 
ted, or to seize any person or persons not named, or whose offence is not 
particularly described and supported by evidence, are grevious and oppres¬ 
sive, and ought not to be granted * 


5 


11. That in controversies respecting property, and in suits between man 

and man, the ancient trial by jury of twelve men is preferable to any other, 
and ought to be held sacred. 

12. That the freedom of the press is one of the great bulwarks of liber¬ 
ty, and can never be restrained but by despotic governments. 

13. That a well regulated militia, composed of the body of the people, 
trained to arms, is the proper, natural and safe defence of a free state; that 
standing armies, in time of peace, should be avoided as dangerous to liberty ; 
and that in all cases the military should be under strict subordination to, 
and governed by the civil power. 

14. That the people have a right to uniform government; and there¬ 
fore, that no government separate from, or independent of, the government 
of Virginia, ought to be erected or established within the limits thereof. 

15. That no free government or the blessing of liberty can be preserved 
to any people but by a firm adherence to justice, moderation, temperance, fru¬ 
gality and virtue, and by a frequent recurrence to fundamental principles. 

16. That religion, or the duty which we owe to our Creator, and the 
xtianner of diseharging it, can be directed only by reason and conviction, 
not by force or violence ; and therefore all men are equally entitled to the 
free exercise of religion, according to the dictates of conscience; and that* 
it is the mutual duty of all to practice Christian forbearance, love and 
charity towards each other. 




















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NEW 


CONSTITUTION 


OF THE 


COMMONWEALTH OF VIRGINIA, 

ft 


ADOTTED BY THE 


STATE CONVENTION, 


SITTING IN THE 


CITY OF RICHMOND, 


ON THE 


<* - 

31st DAY OF JULY, 185L 


RICHMOND : 

WILLIAM COLLEY, PRINTER# 

1851. 













































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CONSTITUTION. 


Whereas the delegates and representatives of the good people of Virgi¬ 
nia, in Convention assembled, on the twenty-ninth day of June, in the 
year of our Lord one thousand seven hundred and seventy-six-—reciting and 
declaring, that whereas George the Third, king of Great Britain and Ire¬ 
land, and elector of Hanover, before that time entrusted with the exercise 
of the kingly office in the government of Virginia, had endeavored to per¬ 
vert the same into a detestable and insupportable tyranny, by putting his 
negative on laws the most wholesome and necessary for the public good ; 
by denying his Governors permission to pass laws of immediate and pres¬ 
sing importance, unless suspended in their operation for his assent, and 
when so suspended, neglecting to attend to them for many years ; by refu¬ 
sing to pass certain other laws, unless the persons to be benefitted by them 
would relinquish the inestimable right of representation in the Legislature ; 
by dissolving legislative assemblies repeatedly and continually, for opposing 
with manly firmness his evasions of the rights of the people ; when dis¬ 
solved, by refusing to call others for a long space of time, thereby leaving 
the political system without any legislative head; by endeavoring to pre¬ 
vent the population of our country, and for that purpose obstructing the 
laws for the naturalization of foreigners; by keeping among us, in time of 
peace, standing armies and ships of war ; by effecting to render the military 
independent of and superior to the civil power; by combining with others 
to subject us to a foreign jurisdiction, giving his assent to pretended acts 
of legislation, for quartering large bodies of armed troops among us, for 
cutting off our trade with all parts of the world, for imposing taxes on us 
without our consent, for depriving us of the benefits of trial by jury, for 
transporting us beyond seas to be tried for pretended offences, for suspend- 




4 


ing our own Legislature, and declaring themselves invested with power to 
legislate for us in all cases whatsoever; by plundering our seas, ravaging 
our coasts, burning our towns, and destroying the lives of our people ; by 
Inciting insurrections of our fellow subjects with the allurements of forfei¬ 
ture and confiscation ; by prompting our negroes to rise in arms among us 
—those very negroes whom, by an inhuman use of his negative, he had re¬ 
fused us permission to exclude by law; by endeavoring to bring on the in¬ 
habitants of our frontiers the merciless Indian savages, whose known rule of 
warfare is an undistinguished destruction of all ages, sexes and conditions 
of existence ; by transporting hither a large army of foreign mercenaries to 
complete the work of death, desolation and tyranny, then already begun 
with circumstances of cruelty and perfidy unworthy the head of a civilized 
nation ; by answering our repeated petitions for redress with a repetition 
of injuries; and finally, by abandoning the helm of government, anddeclar- 

/ Li f . 

ing us out of his allegiance and protection ; by which severalacts of misrule, 

i 

the government of this country, as before exercised under the crown of 
Great Britain, was totally dissolved—did, therefore, having maturely con- 
sidered the premises, and viewing with great concern the deplorable condi¬ 
tion to which this once happy country would be reduced, unless some regu- 
lar, adequate mode of civil policy should be speedily adopted, and in com- 

V 

pliance with the recommendation of the general congress, ordain and de- 

t ■ * ** * ' * £ 

clare a form of government of Virginia : 

And whereas a Convention held on the first Monday in October, in the 


year one thousand eight hundred and twenty-nine, did propose to the people 
of the commonwealth an amended constitution or form of government, which 
was ratified by them : 

And whereas the General Assembly of Virginia, by an act passed on the 
4th of March, in the year one thousand eight hundred and fifty, did provide 


5 


for the election by the people ot delegates to meet in general Convention, 
to consider, discuss and propose a new constitution, or alterations and 
amendments to the existing constitution of this commonwealth ; and by an 
act passed on the thirteenth ofMarch, in the year one thousand eight hun¬ 
dred and fifty-one, did further provide for submitting the same to the peo¬ 
ple for ratification or rejection : 

We, therefore, the delegates of the good people of Virginia, elected and 
in Convention assembled, in pursuance of said acts, do propose to the peo¬ 
ple the following constitution and form of government for this common¬ 
wealth : 

ARTICLE i. 

BILL OF RIGHTS. 

The declaration of rights, as amended and prefixed to this constitu¬ 
tion, shall have the same relation thereto as it had to the former con¬ 
stitution : 

> * 

ARTICLE II. 

DIVISION OF POWERS. 

The legislative, executive and judiciary departments shall be separate 
and distinct, so that neither exercise the powers properly belonging to 
either of the others; nor shall any person exercise the powers of more than 
one of them at the same time, except that justices of the peace shall be eligi¬ 
ble to either house of assembly. 

ARTICLE hi. 

QUALIFICATION OF VOTERS. 

1. Every white male citizen of the commonwealth, of the age of twen¬ 
ty-one years, who has been a resident of the state for two years, and of 
the county, city or town where he offers to vote for twelve months next 


preceding an election—and no oilier person—shall be qualified to vote for 
members of the General Assembly and all officers elective by the people; 
but no person in the military, naval or marine service of the United States 
shall be deemed a resident of this state, by reason of being stationed there¬ 
in. And no person shall have the right to vote, who is of unsound mind^ 
or a pauper, or a non-commissioned officer, soldier, seaman or marine in the 
service of the United States, or who has been convicted of bribery in an 
election, or any infamous offence. 

2. The General Assembly, at its first session after the adoption of this 
constitution, and afterwards as occasion may require, shall cause every city 
or town, the white population of which exceeds five thousand, to be laid off 
into convenient wards, and a separate place of voting to be established in 
each, and thereafter no inhabitant of such city or town shall be allowed to 
vote except in the ward in which he resides. 

3. No voter, during the time for holding any election at which he is en¬ 
titled to vote, shall be compelled to perform military service, except in time 
of war or public danger; to work upon the public roads, or to attend any 
court as suitor, juror or witness; and no voter shall be subject to arrest 
under any civil process during his attendance at elections, or in going to 
and returning from them. 

4. In all elections votes shall be given openly, or viva voce, and not by 
ballot; but dumb persons entitled to suffrage may vote by ballot. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

The Legislature shall be formed of two distinct branches, which together 
shall be a complete Legislature, and shall be called the General Assembly 
of Virginia. 


HOUSE OF DELEGATES. 


2. One of these shall be called the House of Delegates, and shall consist 

of one hundred and fifty-two members, to be chosen biennially for and by 

/ ' / > < . 

the several counties, cities and towns of the commonwealth, and distributed 
and apportioned as follows : 

The counties of Augusta and Rockingham, and the city of Richmond, 
shall each elect three delegates; the counties of Albemarle, Bedford, 
Berkeley, Campbell, Fauquier, Franklin, Frederick, Halifax, Hampshire, 
Harrison, Jefferson, Kanawha, Loudoun, Marion, Monongalia, Monroe ? 
Norfolk, Pittsylvania, Preston, Rockbridge, Shenandoah and Washington, 
shall each elect two delegates ; the counties of Botetourt and Craig shall 
together elect two delegates. 

The counties of Accomac, Alexandria, Amherst, Appomattox, Barbour, 
Brunswick, Buckingham, Cabell, Caroline, Carroll, Charlotte, Chesterfield, 
Clarke, Culpepper, Dinwiddie, Fairfax, Floyd, Fluvanna, Giles, Glouces¬ 
ter Goochland, Grayson, Greenbrier, Hanover, Hardy, Henrico, Henry, 
Highland, Isle of Wight, Jackson, King William, Lee, Lewis, Louisa, Lu¬ 
nenburg, Madison, Marshall, Mason, Mercer, Mecklenburg, Montgomery, 
Morgan, Nansemond, Nelson, Northampton, Page, Patrick, Pendleton, 
Pocahontas, Princess Anne, Prince Edward, Prince William, Pulaski, Put¬ 
nam, Randolph, Rappahannock, Roanoke, Scott, Smyth, Southampton, 
Spottsylvania, Taylor, Upshur, Warren, Wayne, Wetzel, Wood and 
Wythe, and the cities of Norfolk and Petersburg, shall each elect one 
delegate. 

The counties of Lee and Scott, in addition to the delegate to be elected 
by each, shall together elect one delegate. 

The following counties and cities shall compose election districts: Alle- 
ghany and Bath; Amelia and Nottoway;. Boone, Wyoming and Logan ; 



8 


Braxton and Nicholas ; Charles City, James City and New Kent; Cum¬ 
berland and Powhatan ; Doddridge and Tyler; Elizabeth City, Warwick, 
York, and the city of Williamsburg ; Essex and King and Queen; Fa¬ 
yette and Raleigh ; Gilmer and Wirt; Greene and Orange; Greenesville 

and Sussex ; King George and Stafford ; Lancaster and Northumberland; 

/ 

Matthews and Middlesex ; Pleasants and Ritchie; Prince George and Sur¬ 
ry ; and Richmond and Westmoreland—each of which districts shall elect 
one delegate. 

At the first general election under this constitution, the county of Ohio 

! i 

shall elect three delegates, and the counties of Brooke and Hancock shall 
together elect one delegate ; at the second general election, the county of 
Ohio shall elect two delegates, and the counties of Brooke and Hancock 
shall each elect one delegate; and so on, alternately, at succeeding general 
elections. 

, . / ; t # »*> t y 

At the first general election, the county of Russell shall elect two dele¬ 
gates, and the county of Tazewell shall elect one delegate ; at the second 
general election, the county of Tazewell shall elect two delegates, and the 
county of Russell shall elect one delegate; and so on, alternately, at suc¬ 
ceeding general elections. 

The General Assembly shall have power, upon application of a majority 
of the voters of the county of Campbell, to provide, that instead of the two 
delegates to be elected by said county, the town of Lynchburg shall elect 
one delegate, and the residue of the county of Campbell shall elect one 
delegate. 

SENATE. 

3. The other house of the General Assembly shall be called the Senate, 
and shall consist of fifty members, to be elected for the term of four years; 
for the election of whom, the counties, cities and towns shall be divided into 


9 



fifty districts. Each county, city and town of the respective districts* at 
the time of the first election of its delegate or delegates under this constitu¬ 
tion, shall vote for one Senator ; and the Sheriffs or other officers holding 
the election for each county, city and town, within five days at farthest 

after the last election in the district, shall meet at the court-house of the 
county or city first named in the district, and from the polls so taken in 
their respective counties, cities and towns, return as Senator the person 
who has received the greatest number of votes in the whole district. Upon 
the assembling of the Senators so elected, they shall be divided into two 
equal classes, to be numbered by lot. The term of service of the Senators 
of the first class shall expire with that of the delegates first elected under 
this constitution, and of the senators of the second class at the expiration 

of two years thereafter ; and this alternation shall be continued, so that 
one-half of the Senators may be chosen every second year. 

4. For the election of Senators— 

I. The counties of Accomack and Northampton shall form one dis¬ 
trict : 

II. The city of Norfolk shall form another district: 

III. The counties of Norfolk and Princess Anne shall be another dis¬ 
trict : 

IY. The counties of Isle of Wight, Nansemond and Surry shall form 
another district: 

V. The counties of Sussex, Southampton and Greenesville shall form 
another district: 

VI. The city of Petersburg and the county of Prince George shall form 
another district: 

■ YII. The counties of Dinwiddie, Amelia and Brunswick shall form an¬ 
other district : 


2 



10 


VIII. The counties of Powhatan, Cumberland and Chesterfield shall 
form another district: 

IX. The counties of Lunenburg, Nottoway and Prince Edward shall 
form another district: 

X. The counties of Mecklenburg and Charlotte shaH form another dis¬ 
trict : 

XI. The county of Pittsylvania shall be another district: 

XII. The county of Halifax shall be another district: 

XIII. The counties of Henry, Patrick and Franklin shall form another 
district: 

XIV. The county of Bedford shallbe another district: 

XV. The counties of Canhpbell and Appomattox shall form another' 
district : 

XVI. The city of Williamsburg and the counties of James City, Charles 
City, New Kent, York, Elizabeth City and Warwick shall form another’ 
district: 

XVII. The Counties of Henrico and Hanover shall form another dis¬ 
trict ; 

XVIII. The city of Richmond shall be another district: 

XIX. The counties of Gloucester, Matthews and Middlesex shall form’ 
another district: 

XX. The ddtmties of Richmond, Lancaster, Northumberland and West¬ 
moreland shall form another district: 

XXI. The counties of King and Queen, King William and Essex shall 
form another district: 

XXII. The counties of Caroline and Spottsylvania shall form another 
district: 


'XXIII. The counties of Stafford, King George and Prince William shall 
form another district: 

XXIY. The counties of Fairfax and Alexandria shall form another dis¬ 
trict: 

XXV. The county of Loudoun shall be another district: 

XXVI. The counties of Fauquier and Rappahannock shall form another 
district : 

XXVII. The counties of Madison, Culpeper, Orange and Greene shall 
' orm another district: 

XXVIII. The county of Albemarle shall be another district: 

XXIX. The counties of Louisa, Goochland and Fluvanna shall form 
another district: 

XXX. The counties of Nelson, Amherst and Buckingham shall form 
another district: 

XXXI. The counties of Jeflerson and Berkeley shall form another dis¬ 
trict : 

XXXII. The counties of Hampshire, Hardy and Morgan shall form an¬ 
other district : 

XXXIII. The counties of Frederick, Clarke and Warren shall form an- 
other district: 

XXXIV. The counties of Shenandoah and Page shall form another dis¬ 
trict : 

XXXV. The counties of Rockingham and Pendleton shall form another 
district : 

XXXVI. The county of Augusta shall be another district: 

XXXVII. The counties of Bath, Highland and Rockbridge shall form 


another district: 





12 


XXXVIII. The counties of Botetourt, Alleghany, Roanoke and Craig 
shall form another district: 

XXXIX. The counties of Carroll, Floyd, Grayson, Montgomery and 
Pulaski shall form another district: 

XL. The counties of Mercer, Monroe, Giles and Tazewell shall form 
another district: 

XLI. The counties of Smyth, Wythe and Washington shall form an¬ 
other district: 

XLII. The counties of Scott, Lee and Russell shall form another dis- 
trict: 

XLIII. The counties of Boone, Logan, Kanawha, Putnam and Wyo¬ 
ming shall form another district: 

XLIV. The counties of Nicholas, Fayette, Pocahontas, Raleigh, 
Braxton and Greenbrier shall form another district: 

XLV. The counties of Mason, Jackson, Cabell, Wayne and Wirt shall 
form another district: 

XLVI. The counties of Ritchie, Doddridge, Harrison, Pleasants and 
Wood shall form another district: 

XLVII. The counties of Wetzel, Marshall, Marion and Tyler shall 
form another district: 

XLVIII. The counties of Upshur, Barbour, Lewis, Gilmer and Ran- 
dolph shall form another district: 

XLIX. The counties of Monongalia, Preston and Taylor shall form 
another district; 

L. The counties of Brooke, Hancock and Ohio shall form another dis¬ 
trict. 

APPORTIONMENT OF REPRESENTATION. 

5, It shall be the duty of the General Assembly, in the year one thou- 


sand eight hundred and sixty-five, and in every tenth year thereafter, jri 
case it can agree upon a principle of representation, to re-apportion repre¬ 
sentation in the Senate and House of Delegates in accordance therewith; 
and in the event the General Assembly, at the first or any subsequent peri¬ 
od of re-apportionment, shall fail to agree upon a principle of representation, 
and to re-apportion representation in accordance therewith, each house 
shall separately propose a scheme of representation, containing a principle 
or rule for the House of Delegates, in connection with a principle or rule 
for the Senate. And it shall be the duty of the General Assembly, at the 
same session, to certify to the Governor the principles or rules of represen¬ 
tation which the respective houses may separately propose, to be applied 
in making re-apportionments in the Senate and in the House of Delegates: 
and the Governor shall, as soon thereafter as may be, by proclamation, 
make known the propositions of the respective houses, and require the vo¬ 
ters of the commonwealth to assemble at such time as he shall appoint, at 
their lawful places of voting, and decide by their votes between the propo¬ 
sitions thus presented. In the event the General Assembly shall fail, in the 
year one thousand eight hundred and sixty-five, or in any tenth year there¬ 
after, to make such re-apportionment or certificate, the Governor shall, im¬ 
mediately after the adjournment of the General Assembly, by proclama¬ 
tion, require the voters of the commonwealth to assemble, at such time as 
he shall appoint, at their lawful places of voting, and to declare by their 
votes: 

First, whether representation in the Senate and House of Delegates shall 
be apportioned on the “ Suffrage Basisthat is, according to the number 
of voters in the several counties, cities, towns and senatorial districts of the 
commonwealth: 

Or, second , whether representation in both houses shall be apportioned 





the “Mixed Basis;” that is, according to the number of white inhab¬ 
itants contained, and the amount of all state taxes paid, in the several 
counties, cities and towns of the commonwealth, deducting therefrom all 
taxes paid on licenses and law process, and any capitation tax on free ne¬ 
groes, allowing one delegate for every seventy-sixth part of said inhabi¬ 
tants, and one delegate for every seventy-sixth part of said taxes, anddisr 
tributins: the senators in like manner: 

Or, third, whether representation shall be apportioned in the Senate an 
taxation; that is, according to the amount of all state taxes paid in the 
several counties, cities and towns of the commonwealth, deducting there¬ 
from all taxes paid on licenses and law process, and any capitation tax 
on free negroes, and in the House of Delegates on the “ Suffrage Basis” as 
aforesaid: 

Or, fourth, whether representation shall be apportioned in the Senate on 
the il Mixed Basis” as aforesaid, and in the House of Delegates on the 
u Suffrage Basis” as aforesaid, and each voter shall cast his vote in favpr 
of one of said schemes of appo rtionment, and no more. 

6. It shall be the duty of the Sheriffs and other officers taking said polk>, 
to keep the same open for the period of three days, and within five days 
after they are closed, to certify true copies thereof to the Governor, who 
shall, as early as may be, ascertain the result of said vote, and make pro- 
clamamation thereof ; and in case it is ascertained that a majority of all the 
votes cast is in favor of either of the principles of representation, referred 
as aforesaid to the choice of the voters, the Governor shall communicate 
the result of such vote to the General Assembly, at its first regular session 
thereafter; but in case it is ascertained that a majority of all the votes 
cast is not in favor of either of the principles of representation referred as 
aforesaid to the choice of the voters, it shall be the duty of the Governor, 
as soon as may be after ascertaining that fact, in like manner to cause the 


voters to decide between the two principles of representation which shall, 
at such previous voting, have received the greatest number of votes ; and 
he shall ascertain and make proclamation of the result of the said last vote, 
and communicate the same to the General Assembly at its next regular ses¬ 
sion ; and in either case, the General Assembly, at the regular session 
thereof, which shall be held next after the taking of the vote, the result of 
which shall have been so communicated to it by the Governor, shall re-ap- 
portion representation in the two houses respectively in accordance with 
the principle of representation in each, for which a majority of the votes 
cast were given ; and it shall be the duty of the General Assembly in every 
tenth year thereafter to re-apportion and distribute the number of senators 
and delegates in accordance with the same principle. 

QUALIFICATIONS OF SENATORS AND DELEGATES. 

7. Any person may be elected Senator, who, at the time of election, has 
attained the age of twenty-five years, and is actually a resident within the 
district, and qualified to vote for members of the General Assembly, accord 4 - 
ing to this constitution. And any person may be elected a member of the 
House of Delegates, who, at the time of election, has attained the age of 
twenty-one years, and is actually a resident within the county, city, town 
dr election district, qualified to vote for members of the General Assembly 

*— i 

according to this constitution ; but no person holding a lucrative office, no 

> * •• 

minister of the gospel or priest of any religious denomination, no salaried 
officer of any banking corporation or company, and no attorney for the 
commonwealth, shall be capable of being elected a member of either house 
of assembly. The removal of any person elected to either branch of the 
General Assembly from the county, city, town or district for which he was 
elected, shall vacate his office. 

POWERS AND DUTIES OF THE GENERAL ASSEMBLY. 

8. The General Assembly shall meet once in every two years, and no 


16 


oftener, unless convened by the Governor in the manner prescribed in this 
constitution. No session of the General Assembly, after the first under this 
constitution, shall continue longer than ninety days, without the concur¬ 
rence of three-fifths of the members elected to each house ; in which case, 
the session may be extended fora further period, not exceeding thirty days. 
Neither house, during the session of the General Assembly, shall, without 
the consent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. A majority of 
each house shall constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and shall be authorized to compel the attend¬ 
ance of absent members in such manner and under such penalties as each 

I ' 

house may provide. 

9. The House of Delegates shall choose its Own Speaker ; and in the ab¬ 
sence of the Lieutenant Governor, or when he shall exercise the office of 
Governor, the Senate shall choose from their own body a President pro 
tempore ; and each house shall appoint its own officers, settle its own rules 
of proceeding, and direct writs of election for supplying intermediate va¬ 
cancies : but if vacancies shall occur during the recess of the General As¬ 
sembly, such writs may be issued by the Governor, under such regulations 

as may be prescribed by law. Each house shall judge of the election, 
qualification and returns of its members, may punish them for disorderly beha¬ 
viour, and, with the concurrence of two-thirds, expel a member, but not # 
a second time for the same offence. 

4 

10. The members of the assembly shall receive for their services a com¬ 
pensation, to be ascertained by law, and paid out of the public treasury ; 
but no act increasing such compensation shall take effect until after the end 
of the term for which the members of the House of Delegates voting there¬ 
on were elected. And no senator or delegate, during the term for which 



i *. 

17 

lie shall have been elected, shall be appointed to any civil office of profit 
under this commonwealth, which has been created, or the emoluments of 
which have been increased, during such term, except offices filled by elec¬ 
tions by the people. 

11. Bills and resolutions may originate in either of the two houses of 

the General Assembly, to be approved or rejected by the other, and may 

* * 

be amended by either house, with the consent of the other. 

12. Each house of the General Assembly shall keep a journal of its pro¬ 
ceedings, which shall be published from time to time, and the yeas and 
nays of the members of either house, on any question, shall, at the desire 
of one-fifth of those present, be entered on the journal. No bill shall be¬ 
come a law until it has been read on three different days of the session in 

, x { 

the house in which it originated, unless two-thirds of the members elected 

to that house shall otherwise determine. 

t 

13. The whole number of members to which the state may at any time 
be entitled in the House of Representatives of the United States, shall be 
apportioned as nearly as may be amongst the several counties, cities and 
towns of the state, according to their respective numbers; which shall be 
determined, by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not taxed, three-- 

fifths of all other persons. 

14 ; . In the apportionment, the state shall be divided into districts, cor¬ 
responding in number with the representatives to which it may be entitled 
in the House of Representatives of the Congress of the United States,’ 
which shall be formed respectively of contiguous counties, cities and towns, 
Be compact, and include, as nearly as may be, an equal number of the popu¬ 
lation, upon which is based representation in the House of Representatives 
of the United States. 


o 

O 




18 


15. The privilege of the writ of habeas corpus shall not in any case 
be suspended. The General Assembly shall not pass any bill of attainder; 
or any ex post facto law ; or any law impairing the obligation of con¬ 
tracts ; or any law whereby private property shall be taken for public uses 
without just compensation ; or any law abridging the freedom of speech or 
of the press. No man shall be compelled to frequent or support any religious 
worship, place or ministry whatsoever ; nor shall any man be enforced, re¬ 
strained, molested or burthened in his body or goods, or otherwise suffer, 
on account of his religious opinions or belief; but all men shall be free to 
profess, and by argument to maintain, their opinions in matters of religion, 
and the same shall in nowise affect, diminish or enlarge their civil capaci¬ 
ties. And the General Assembly shall not prescribe any religious test 
whatever ; or confer any peculiar privileges or advantages on any sect or 
denomination; or pass any law requiring or authorizing any religious'socie¬ 
ty, or the people of arty district within this commonwealth, to levy on 

themselves or others any tax for the erection or repair of any house for 
public worship, or for the support of any church or ministry; but it shall 
be left free to every person to select his religious instructor, and to tnake for 
his support such private contract as he shall please. 

16. No law shall embrace more than one object, which shall be ex¬ 
pressed in its title; nor shall any law be revived or amended by reference 
to its title, but the act revived or section- amended shall be re-enacted and 
published at length. 

17. The General Assembly may provide that no person shall be capable 
of holding, or being elected to, any post of profit, trust or emolument, civil 
or military, legislative, executive or judicial, under the government of this 
commonwealth, who shall hereafter fight a duel, or send or accept a chal¬ 
lenge to fight a duel, the probable issue of which may be the death of the 


19 


challenger or-challenged, or who shall be second to either party, or shall 
m any manner aid or assist in such duel, or shall be knowingly the bearer 
of such challenge or acceptance; but no person shall be so disqualified by 

reason of his having heretofore fought such duel, or sent or accepted such 

challenge, or been second in such duel, or bearer of such challenge or ac- 
ceptance. 

18. The Governor, Lieutenant Governor, Judges, and all others offend- 
• 0 

mg against the state, by maladministration, corruption, neglect of duty, 
or other high crime or misdemeanor, shall be impeachable by the House of 
Delegates, and be prosecuted before the Senate, which shall have the sole 
power to try impeachments. When sitting for that purpose, they shall be 
on oath or affirmation ; and no person shall be convicted without the con¬ 
currence of two-thirds of the members present. Judgment, in cases of im¬ 
peachment, shall not extend further than to removal from office, and dis¬ 
qualification to hold and enjoy any office of honor, trust or profit under the 
commonwealth; but the party convicted shall nevertheless be subject to 
indictment, trial, judgment and punishment, according to law. The Sen¬ 
ate may sit during the recess of the General Assembly for the trial of im¬ 
peachments. 

SLAVES AND FREE NEGROES. 

19. Slaves hereafter emancipated shall forfeit their freedom by remain¬ 
ing in the commonwealth more than twelve months after they become ac¬ 
tually free, and shall be reduced to slavery under such regulations as may 
be prescribed by law. 

20. The General Assembly may impose such restrictions and conditions 
as they shall deem proper on the power of slave owners to emancipate their 
slaves ; and may pass laws for the relief of the commonwealth from the 
free negro population, by removal or otherwise. 



20 


21. The General Assembly shall not emancipate any slave, or the 
descendant of any slave, either before or after the birth of such des^ 
Cendant. 

TAXATION AND FINANCE. 

22. Taxation shall be equal and uniform throughout the common¬ 
wealth, and all property other than slaves shall be taxed in proportion to 
,its value, which shall be ascertained in such manner as may be prescribed 
by law. 

23. Every slave who has attained the age of twelve years shall be assessed 
with a tax equal to and not exceeding that assessed on land of the value 
of three hundred dollars. Slaves under that age shall not be subject to 
taxation ; and other taxable property may be exempted from taxation by 
the vote of a majority of the whole number of members elected to each 
house of the General Assembly. 

24. A capitation tax, equal to the tax assessed on land of the value of 
Two hundred dollars, shall be levied on every white male inhabitant who 
has attained the age of twenty-one years; and one equal moiety of the capi¬ 
tation tax upon white persons shall be applied to the purposes of education 
in primary and free schools ; but nothing herein contained shall prevent ex¬ 
emptions of taxable polls in cases of bodily infirmity. 

25. The General Assembly may levy a tax on incomes, salaries and li¬ 
censes ; but no tax shall be levied on property from which any income so 

Taxed is derived, or on the capital invested in the trade or business in re¬ 
spect to which the license so taxed is issued. 

26. No money shall be drawn from the treasury but in pursuance of 
appropriations made by law; and a statement of the receipts, disburse¬ 
ments, appropriations and loans shall be published after the adjournment 


21 


of each session of the General Assembly, with the acts and resolutions 
thereof. 

27. On the passage of every act which imposes, continues or revives 
.a tax, 01 cieates a debt or charge, or makes, continues or revives any apr 
piopiiation of public or trust money or property, or releases, discharges or 
commutes any claim or demand of the state, the vote shall be determined 
by yeas and nays, and the names of the persons voting for and against the 
same shall be entered on the journals of the respective houses, and a ma¬ 
jority °f a h the members elected to each house shall be necessary to give 
it the force of a law. 

28. I he liability to the state of any incorporated company or institution, 
to redeem the principal and pay the interest of any loan heretofore made, 

or which may hereafter be made, by the state to such company or institu¬ 
tion, shall not be released; and the General Assembly shall not pledge the 
faith of the state, or bind it in any form, for the debts or obligations of any 
company or corporation. 

29. There shall be set apart annually, from the accruing revenues, a 
sum equal to seven per cent, of the state debt existing on the first day pf 
January, in the year one thousand eight hundred and fifty-two. The fund 
thus set apart shall be the sinking fund, and shall be applied to the pay¬ 
ment of the interest of the state debt, and the principal of such part as may 
be redeemable. If no part be redeemable, then the residue of the sinking 
fund, after the payment of such interest, shall be invested in the bonds or 
certificates of debt of this commonwealth, or of the United States, or of 
some of the States of this Union, and applied to the payment of the State 
debt, as it shall become redeemable. Whenever, after the said first day of 
January, a debt shall be contracted by the commonwealth, there shall be 
set apart in like manner, annually, for thirty-four years, a sum exceeding 



by one per cent, the aggregate amount of the annual interest agreed to he 

paid thereon at the time of its contraction ; which sum shall be part of the 
sinking fund, and shall be applied in the manner before directed. The 
General Assembly shall not otherwise appropriate any part of the sinking 
fund or its” accruing interest, except in time of war, insurrection pr in¬ 
vasion. 

30. The General Assembly may, at any time, direct a sale of the stocks 
held by the commonwealth in internal improvement and other companies ; 
but the proceeds of such sale, if made before the payment of the public 
debt, shall constitute a part of the sinking fund, and be applied in like 
manner. 

31. The General Assembly shall not contract loans, or cause to be is¬ 
sued certificates of debt or bonds of the state, irredeemable for a period 
greater than thirty-four years. 

GENERAL PROVISIONS. 

32. The General Assembly shall not grant a charter of incorporation to 
any church or religious denomination, but may secure the title to chur.ch 
property to an extent to be limited by law. 

33. No lottery shall hereafter be authorized by law; and the buyr 
ing, selling or transferring of tickets or chances in any lottery not now aur 
thorized by a law of this state, shall be prohibited. 

34. No new county shall be formed with an area less than six hundred 
square miles ; nor shall the county or counties from which it is formed be 
reduced below that area ; nor shall any county, having a white population 
less than five thousand, be deprived of more than one-fifth of such popu¬ 
lation ; nor shall a county having a larger white population be reduced ber 

low four thousand. But any county, the length of which is three times its 
mean breadth, or which exceeds fifty miles in length, inay be divided, at 



the discretion of the General Assembly. In all general elections, the vo¬ 
ters in any county, not entitled to separate representation, shall vote in the 
same election district. 

do. The General Assembly shall confer on the courts the power to grant 
divorces, change the names of persons, and direct the sale of estates be- 
longing to infants and other persons under legal disabilities, but shall not, 
by special legislation, grant relief in such cases, or any other case of which 
the courts or other tribunals may have jurisdiction. 

36. The General .Assembly shall provide for the periodical registration 
in the several counties, cities and towns, of the voters therein ; and for the 
annual registration of the births, marriages and deaths in the white popu¬ 
lation, and of the births and deaths in the colored population of the same, 
distinguishing between the numbers of the free colored persons and 
slaves. 

37. The General Assembly, at intervals of five years from the dates of 
the returns of the census of the United States, shall cause to be taken a cen¬ 
sus and such statistics of this state as may be prescribed by law; which 
census and statistics shall be returned to the Secretary of the common¬ 
wealth, who shall compare and correct the returns and report the same to 
the General Assembly. 

38. The manner of conducting and making returns of elections, of de¬ 
termining contested elections, and of filling vacancies in office, in cases not 
specially provided for by this constitution, shall be prescribed by law; but 
special elections to fill vacancies in the office of Judge of any court shall 
be for a full term. And the General Assembly may declare the cases in 
which any office shall be deemed vacant, where no provision is made for 
that purpose in this constitution. 




24 

ARTICLE Vo 

EXECUTIVE DEPARTMENT, 

GOVERNOR. 

1. The chief executive power of this commonwealth shall be vested in a 
Governor. He shall hold the office for the term of four years, to com¬ 
mence on the first day of January next succeeding his election, and be in¬ 
eligible to the same office for the term next succeeding that for which he 
was elected, and to any other office during his term of service. 

2. The Governor shall be elected by the voters, at the times and places 

of choosing members of the General Assembly. Returns of the elections 
shall be transmitted, under seal, by the proper officers, to the Secretary of 
the commonwealth, who shall deliver them to the Speaker of the House of 
Delegates on the first day of the next session of the General Assembly. 
The Speaker of the House of Delegates shall, within one week thereafter, 
in the presence of a majority of the Senate and House of Delegates, open 
the said returns, and the votes shall then be counted. The person having 
the highest number of votes shall be declared elected ; but if two or more 
shall have the highest and an equal number of votes, one of them shall be 
chosen Governor by the joint vote of the two houses of the General As¬ 
sembly. Contested elections for Governor shall be decided by a like vote, 
and the mode of proceeding in such cases shall be prescribed by law. 

3. No person shall be eligible to the office of Governor unless he has at¬ 
tained the age of thirty years, is a native citizen of the United States,- 
and has been a citizen of Virginia for five years next preceding his 
election. 

4. The Governor shall reside at the seat of government; shall re¬ 
ceive five thousand dollars for each year of his service, and, while in 

office, shall receive no other emolument from this or any other govern¬ 
ment. 



25 


5 . He shall take care that the laws be faithfully executed ; communi¬ 
cate to the General Assembly at every session the condition of the com¬ 
monwealth; recommend to their consideration such measures as he may 
deem expedient; and convene the General Assembly on application of a 
majority of the members of both houses thereof, or when in his opinion the 

fh V 

interests of the commonwealth may require it. He shall be commander- 
in-chief of the land and naval forces of the state ; have power to embody 
the militia to repel invasion, suppress insurrection, and enforce the execu- 
tion of laws ; conduct, either in person or in such other manner as shall be 
prescribed by law, all intercourse with other and foreign states; and du¬ 
ring the recess of the General Assembly, fill, pro tempore , all vacancies in 

> 

those offices for which the constitution and laws make no provision; but 
his appointments to such vacancies shall be by commissions to expire at the 
end of thirty days after the commencement of the next session of the Gen¬ 
eral Assembly. He shall have power to remit fines and penalties in such 
cases and under such rules and regulations as may be prescribed by law ; 
and, except when the prosecution has been carried on by the House of 
Delegates, or the law shall otherwise particularly direct, to grant reprieves 
and pardons after conviction, and to commute capital punishment; but he ) 
shall communicate to the General Assembly, at each session, the particu¬ 
lars of every case of fine or penalty remitted, or reprieve or pardon grant¬ 
ed, and of punishment commuted, with his reasons for remitting, granting 

or commuting the same. 

6. He may require information in writing from the officers in the execu¬ 
tive department, upon any subject relating to the duties of their respective 
offices; and may also require the opinion in writing of the Attorney 
General upon any question of law connected with his official duties. 

7 . Commissions and grants shall run in the name of the commonwealth 

4 




26 


of Virginia, and be attested by the Governor, with the seal of the common¬ 
wealth annexed. 

LIEUTENANT GOVERNOR. 

8. A Lieutenant Governor shall be elected at the same time, and for the 
same term as the Governor, and his qualification and the manner of his 
election in all respects shall be the same. 

9. In case of the removal of the Governor from office, or of his death, 
failure to qualify, resignation, removal from the State, or inability to dis¬ 
charge the powers and duties of the office, the said office, with its compen¬ 
sation, shall devolve upon the Lieutenant Governor ; and the General As~ 
sembly shall provide by law for the discharge of the executive functions in 
other necessary cases. 

10. The Lieutenant Governor shall be President of the Senate, but shall 
have no vote; and while acting as such, shall receive a compensation equal 
to that allowed to the Speaker of the House of Delegates. 

SECRETARY OF THE COMMONWEALTH, TREASURER & AUDITOR; 

11. A Secretary of the commonwealth, Treasurer, and an Auditor of 

public accounts, shall be elected by the joint vote of the two houses of th& 
General Assembly, and continue in office for the term of two years, unless 
sooner removed. 

12. The Secretary shall keep a record of the official acts of the Gover¬ 
nor, which shall be signed by the Governor and attested by the Secretary ; 
and when required, he shall lay the same, and any papers, minutes and 
vouchers pertaining to his office, before either house of the General 
Assembly; and shall perforin such other duties as may be prescribed 
by law. 

13. The powers and duties of the Treasurer and Auditor shall be such 
as now are, or may hereafter be prescribed by law. 


BOARD OF PUBLIC WORKS. 

14. There shall be a Board of Public Works, to consist of three com¬ 
missioners. The State shall be divided into three districts, containing, as 
nearly as may be, equal numbers of voters, and the voters of each district 
shall elect one commissioner, whose term of office shall be six years; but 
of those first elected, one, to be designated by lot, shall remain in office for 
two years only, and one other, to be designated in like manner, shall re¬ 
main in office for four years only. 

15. The General Assembly, at its first session after the adoption of this 
constitution, shall provide for the election and compensation of the commis¬ 
sioners, and the organization of the board. The commissioners first elect¬ 
ed shall assemble on a day to be appointed by law, and decide by lot the 
order in which their terms of service shall expire. 

16. The Board of Public Works shall appoint all officers employed on 
the public works, and all persons representing the interest of the common¬ 
wealth in works of internal improvement, and shall perform such other du¬ 
ties as may be prescribed by law. 

17. The members of the Board of Public Works may be removed by the 
concurrent vote of a majority all the members elected to each house of the 
General Assembly; but the cause of removal shall be entered on the journal 
of each house. 

• 

18. The General Assembly shall have power, by a vote of three-fifths 
of the members elected to each house, to abolish said board when¬ 
ever in their opinion a Board of Public Works shall no longer be ne¬ 
cessary. 

MILITIA. 

19. The manner of appointing militia officers shall be prescribed by 
law. 


28 


ARTICLE VI. 

JUDICIARY DEPARTMENT. 

1. There shall he a Supreme Court of Appeals, District Courts and Cir¬ 
cuit Courts. The jurisdiction of these tribunals, and of the Judges there¬ 
of, except so far as the same is conferred by this constitution, shall be regu- 
lated by law. 

JUDICIAL DIVISION'S, 

2. The state shall be divided into twenty-one judicial circuits, ten dis¬ 
tricts and five sections. 

I. The counties of Princess Anne, Norfolk, Nansemond, Isle of Wight, 
Southampton, Greenesville, Surry and Sussex, and the city of Norfolk, shall 
constitute the first circuit. 

II. The counties of Prince George, Dinwiddie, Brunswick, Mecklen¬ 
burg, Lunenburg, Nottoway, Amelia, Chesterfield, Powhatan and the city 

l 

of Petersburg shall constitute the second circuit. 

III. The counties of Cumberland, Buckingham, Appomattox, Campbell, 
Prince Edward, Charlotte, Halifax and the town of Lynchburg shall con¬ 
stitute the third circuit. 

IY. The counties of Pittsylvania, Bedford, Franklin, Patrick and Hen¬ 
ry shall constitute the fourth circuit. 

Y. The counties of Accomack and Northampton shall constitute the 
fifth circuit. 

VI. the counties of Elizabeth City, Warwick, York, Gloucester, Mat¬ 
thews, Middlesex, Henrico, New Kent, Charles City, James City, and the 
city of Williamsburg, shall constitute the sixth circuit. 

VII. The city of Richmond shall be the seventh circuit. 

VIII. The counties of Lancaster, Northumberland, Richmond, West- 


29 


moreland, King George, Spottsylvania, Caroline, Hanover, King William, 
King and Queen, and Essex, shall constitute the eighth circuit. 

IX. The counties of Stafford, Prince William, Alexandria, Fair¬ 
fax, Loudoun, I auquier and Rappahannock shall constitute the ninth 
circuit. 

X. ihe counties ot Culpeper, Madison, Greene, Orange, Albemarle, 
Louisa, Fluvanna and Goochland shall constitute the tenth circuit. 

XL The counties of Nelson, Amherst, Rockbridge, Augusta and Bath 
shall constitute the eleventh circuit. 

XII. The counties of Pendleton, Highland, Rockingham, Page, She¬ 
nandoah, Warren and Hardy shall constitute the twelfth circuit. 

XIII. The counties of Clarke, Frederick, Hampshire, Morgan, Berkeley 
and Jefferson shall constitute the thirteenth circuit. 

XIV. The counties of Monroe, Greenbrier, Pocahontas, Alleghany, 
Botetourt, Roanoke and Craig shall constitute the fourteenth circuit. 

XV. The counties of Giles, Mercer, Raleigh, Wyoming, Logan, Boone, 

Fayette and Nicholas shall constitute the fifteenth circuit. 

< 

XVI. The counties of Grayson, Carroll, Wythe, Floyd, Pulaski and 
Montgomery shall constitute the sixteenth circuit. 

XVII. The counties of Smyth, Tazewell, Washington, Russell, Scott 

and Lee shall constitute the seventeenth circuit. 

! 

XVIII. The counties of Wayne, Cabell, Mason, Jackson, Putnam and 
Kanawha shall constitute the eighteenth circuit. 

XIX. The counties of Wood, Wirt, Gilmer, Braxton, Lewis, Ritchie, 
Doddridge and Pleasants shall constitute the nineteenth circuit. 

XX. The counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Tyler 
and Monongalia shall constitute the twentieth circuit. 

XXI. And the counties of Harrison, Marion, Taylor, Preston, Barbour, 
Randolph and Upshur shall constitute the twenty-first circuit. 






30 


3. The first and second circuits shall constitute the first district; the 
third and fourth circuits the second district; the fifth, sixth and seventh 
circuits the third district; the eighth and ninth circuits the fourth district ; 
the tenth and eleventh circuits the fifth district; the twelfth and thirteenth 
circuits the sixth district; the fourteenth and fifteenth circuits the seventh 
district; the sixteenth and seventeenth circuits the eighth district; the 
eighteenth and nineteenth circuits the ninth district; and the twentieth and 
twenty-first circuits the tenth district. 

4. The first and second districts shall constitute the first section; the 

third and fourth districts the second section ; the fifth and sixth districts 
the third section; the seventh and eighth districts the fourth section ; and 
the ninth and tenth districts the fifth section. 

5. The General Assembly may, at the end of eight years after the adop¬ 
tion of this constitution, and thereafter at intervals of eight years, re-ar- 
range the said circuits, districts and sections, and place any number of cir¬ 
cuits in a district, and of districts in a section ; but each circuit shall be 
altogether in one district, and each district in one section; and there shall 
not be less than two districts and four circuits in a section, and the number 

of sections shall not be increased or diminished. 

CIRCUIT COURTS. 

6. For each circuit a Judge shall be elected by the voters thereof, who 
shall hold his office for the term of eight years, unless sooner removed in 
the manner prescribed by this constitution. He shall at the time of his 
election be at least thirty years of age, and during his continuance in office 
shall reside in the circuit of which he is Judcre. 

O 

7. A Circuit Court shall be held at least twice a year by the Judge of each 
circuit, in every county and corporation thereof, wherein a Circuit Court 
is now or may hereafter be established. But the Judges in the same dia- 


trict may bfe required or authorized to hold the courts of their respective 
circuits alternately, and a Judge of one circuit to hold a court in any other 
circuit. 

DISTRICT COURTS. 

8. A District Court shall be held at least once a year in every district, 
by the Judges of the circuits constituting the section and the Judge of the 
Supreme Court of Appeals for the section of which the district forms a 
part, any three of whom may hold a court; but no Judge shall sit or decide 
upon any appeal taken from his own decision. The Judge of the Supreme 
Court of Appeals of one section may sit in the District Courts of another 
section, when required or authorized by law to do so. 

9. The District Courts shall not have original jurisdiction, except in 
cases of habeas corpus , mandamus and prohibition. 

COURT OF APPEARS. 

10. For each section a Judge shall be elected by the voters thereof, who 
£hall hold his office for the term of twelve years, unless sooner removed in 
the manner prescribed by this constitution. He shall at the time of his 
election be at least thirty-five years of age, and during his continuance in 
office reside in the section for which he is elected. 

11. The Supreme Court of Appeals shall consist of the five Judges so elect¬ 
ed, any three of whom may hold a court. It shall have appellate jurisdic¬ 
tion only, except in cases of habeas corpus, mandamus and prohibition . 

It shall not have jurisdiction in civil causes where the matter in controversy, 
exclusive of costs, is less in value or amount than five hundred dollars, 
except in controversies concerning the title or boundaries of land, the pro¬ 
bat of a will, the appointment or qualification of a personal representative, 
guardian, committee or curator; or concerning a mill, road, way, ferry or 




32 

i 1 

landing, or the right of a corporation or of a county to levy tolls or taxes ; 

and except in cases of habeas corpus , mandamus and prohibition , and 
cases involving freedom or the constitutionality of a law. 

12. Special Courts of Appeals, to consist of not less than three nor more 
than five Judges, may be formed of the Judges of the Supreme Court of 
Appeals and of the Circuit Courts, or any of them, to try any cases re¬ 
maining on the dockets of the present Court of Appeals when the Judges 

thereof cease to hold their offices ; or to try any cases which may be on 

^ ^ ^ • • * 

the dockets of the Supreme Court of Appeals established by this constitu¬ 
tion, in respect to which a majority of the Judges of said Court may be so 
situated as to make it improper for them to sit on the hearing thereof. 

13. When a judgment or decree is reversed or affirmed by the Supreme 
Court of Appeals, the reasons therefor shall be stated in writing, and pre¬ 
served with the record of the case. 

GENERAL PROVISIONS. 

14. Judges shall be commissioned by the Governor, and shall receive 
fixed and adequate salaries, which shall not be diminished during their con¬ 
tinuance in office. The salary of a Judge of the Supreme Court of Ap¬ 
peals shall not be less than three thousand dollars, and that of a Judge of a 
Circuit Court not less than two thousand dollars per annum, except that of 
the Judge of the fifth circuit, which shall not be less than fifteen hundred 
dollars per annum ; and each shall receive a reasonable allowance for ne¬ 
cessary travel. 

15. No Judge, during his term of service, shall hold any other office, 
appointment or public trust, and the acceptance thereofshall vacate his judicial 
office; nor shall he, during such term, or within one year thereafter, be 
eligible to any political office. 

16. No election of Judge shall be held within thirty days of the time of 

\ * 


33 

holding any election of electors of President and Vice-President of the Uni¬ 
ted States, of members of Congress or of the General Assembly. 

17. Judges may be removed from office by a concurrent vote of both 

houses of the General Assembly, but a majority of all the members elected 
to each house must concur in such vote ; and the cause of removal shall be 
entered on the journal of each house. The Judge, against whom the Gen¬ 
eral Assembly may be about to proceed, shall receive notice thereof, ac¬ 
companied by a copy of the causes alleged for his removal, at least twenty 
days before the day on which either house of the General Assembly shall 
act thereupon. 

18. The officers of the Supreme Court of Appeals and of the District 

i • % , _ ( 

Courts shall be appointed by the said courts respectively, or by the Judges 
thereof in vacation. Their duties, compensation and tenure of office shall 
be prescribed by law. 

19. The voters of each county or corporation in which a, Circuit Court 
is held shall elect a Clerk of such ccurt, whose term of office shall be six 
years. The Attorney for the Commonwealth elected for a county or cor¬ 
poration wherein a Circuit Court is directed to be held, shall be Attorney 

* 

for the Commonwealth for that court; but in case a Circuit Court is held 
for a city, or for a county and a city, there shall be an Attorney for the Com¬ 
monwealth for such, to be elected by the voters of such city, or county and 
city, and to continue in office for the term of four years. The duties and 
compensation of these officers, and the mode of removing them from office,’ 
shall be prescribed by law. 

20. When a vacancy shall occur in the office of Clerk of any court, such 
court may appoint a Clerk pro tempore , who shall discharge the duties of 
the office until the vacancy is filled. 

21. The General Assembly shall provide for the compensation of Ju- 


- * r 


34 


rors : but appropriations for that purpose shall not be made from the State 
Treasury, except in prosecutions for felony and misdemeanor. 

22. At every election of a Governor, an Attorney General shall be elect¬ 
ed by the voters of the commonwealth for the term of four years. He shall - 
be commissioned by the Governor, shall perform such duties and receive 
such compensation as may be prescribed by law, and be removable in the 
manner prescribed for the removal of Judges. 

23. Judges and all other officers, whether elected or appointed* shall 
continue to discharge the duties of their respective offices after their terms 
of service have expired, until their successors are qualified. 

24. Writs shall run in the name of the commonwealth of Virginia, and 
be attested by the clerks of the several courts. Indictments shall conclude? 
against the peace and dignity of the commonwealth. 

COUNTY COURTS, 

25. There shall be in each county of the commonwealth a County- Court, - 

which shall be held monthly, by not less than three nor more than five 
Justices, except when the law shall require the presence of a greater 
number. ... 

26. The jurisdiction of the said court shall be the same as that of the 
existing County Courts, except so far as it is modified by this constitution, 
or may be changed by law. 

27. Each county shall be laid off into districts, as nearly equal as may be 
'in territory and population. In each district there shall be elected, by the ' 
voters thereof, four Justices of the Peace, who shall be commissioned by the ' 
Governor, reside in their respective districts, and hold their offices for the ' 
term of four years. The Justices so elected shall choose one of their own - 
body, who shall be the presiding Justice of the County Court, and whose 
duty it shall be to attend each term of said court. The other Justices- 
shall be classified by law for the performance of their duties in court. 


28. The Justices shall receive for their services in court a per diem 
compensation, to be ascertained by law, and paid out of the county 

treasury; and shall not receive any fee or emolument for other judicial 
'Services. 

29. The power and jurisdiction of Justices of the Peace within their re¬ 
spective counties shall be prescribed by lay. 

(COUNTY OFFICERS. 

30. The voters of each county shall elect a Clerk of the County Court, a 
Surveyor, an Attorney for the Commonwealth, a Sheriff, and so many Com¬ 
missioners of the Revenue as may be authorised by law, who shall hold 
their respective offices as follows: The Clerk and the Surveyor for the term 
t)f six years; the Attorney for the term of four years ; the Sheriff and the 
Commissioners for the term of two years. Constables and Overseers of the 
Poor shall be elected by the voters, as may be prescribed by law. 

31. The officers mentioned in the preceding* section, except the Attor¬ 
neys, shall reside in the counties or districts for which they were respectively 
elected. No person elected for two successive terms to the office of She¬ 
riff, shall be re-eligible to the same office for the next succeeding term ; nor 

..shall he, during his terra of service, or within one year thereafter, be eligi- 
; ble to any political office. 

32. The Justices of the Peace, Sheriffs, Attorneys for the Common¬ 
wealth, Clerks of the Circuit and County Courts, and all other county offi¬ 
cers, shall be subject to indictment for malfeasance, misfeasance, or neglect 
of official duty ; and upon conviction thereof, their offices shall become 
vacant. 

CORPORATION COURTS AND OFFICERS. 

•33. The General Assembly may vest such jurisdiction as shall be deemed 


36 


necessary in Corporation Courts, and in the Magistrates who may belong 
to the corporate body. 

34. All officers appertaining to the cities and other municipal cor¬ 
porations, shall be elected by the qualified voters, or appointed by the 
constituted authorities of such cities or corporations, as may be prescribed 
by law. 

Done in Convention, in the city of Richmond, on the first day of 
August, in the year of our Lord one thousand eight hundred 

and fifty-one, and in the seventy-sixth year of the commonwealth 
of Virginia. 

JOHN Y. MASON, 

Pres’t of the Convention . 

JS. D. WHITTLE, 

Secretary of the Convention . 




SCHEDULE. 


!• ^ shall be the duty of the President of this Convention, immediately 
on its adjournment, to certify to the Governor a copy of the Bill of Rights 
and Constitution adopted, together with this Schedule. 

2. Upon the receipt of such certified copy, the Governor shall forthwith 
announce the fact by proclamation, to be published in such newspapers of 
the State as may be deemed requisite for general information; and shall 
annex to his proclamation a copy of the Bill of Rights and Constitution, 
together with this Schedule ; which proclamation, Bill of Rights, Constitu¬ 
tion and Schedule shall be published in the manner indicated, for the period 
of one month ; and ten printed copies thereof shall, by the Secretary of the 
commonwealth, be immediately transmitted by mail to the Clerk of each 
County and Corporation Court in this commonwealth, to be by such Clerk 
submitted to the examination of any person desiring the same. 

3. The officers authorized by existing laws to conduct general elections 
shall, at the places appointed for holding the same, open a poll book on the 
fourth Thursday in October next, to be headed, “ The Constitution as 
amended and Schedule,” and to contain two separate columns: the first 
column to be headed, “ For Ratifyingthe other to be headed, u For Re¬ 
jecting.” And such officers, keeping said polls open for the space of three 
days, shall then and there' receive and record in said poll book the votes 
for and against this Constitution and Schedule, of all persons qualified 
under the existing or amended Constitution to exercise the right of suf¬ 
frage. 

4. The taking of the polls, the duties to be performed by the officers, 
the privilege of the voters, and the penalties attaching for misconduct 
on the part of any person, shall be in all things as prescribed by the 




second, third, fourth, seventh, eighth and ninth sections of the act oi 
the General Assembly passed March the fourth, one thousand eight hun- 
xlred and fifty, entitled 11 An act to take the sense of the people upon 
“the call of a Convention, and providing for organizing the same,” so 
far as the provisions of said sections may be applicable. 

5. It shall be the duty of the Governor, upon receiving the returns of 
said officers, to ascertain the result thereof, and forthwith to declare the 
same by his proclamation, stating the aggregate vote in the state for and 
against the ratification of the amended Constitution and Schedule, which 
shall be published at least once a week until the second Monday in De¬ 
cember next, in such newspapers as in his opinion will be best calculated 
to diffuse general information thereof; and if it appear that a majority of 
the votes cast is in favor of ratification, the Governor, at the same time, 
and in like manner, shall make proclamation for holding, on the day last 
mentioned, a general election throughout the State for Delegates and Sen¬ 
ators to the General Assembly, according to the apportionment and districts 
prescribed in this Constitution ; and also for the election of a Governor, 
Lieutenant Governor and Attorney General. 

6. The officers authorized by existing laws to hold and conduct general 
elections, shall hold and conduct the elections herein required ; and such 
officers and all other persons shall be governed and controlled therein by 
the provisions of said laws, so far as the same may be applicable to and 
necessary for the proper conducting of the said elections. Duplicate polls 
shall be separately kept for Governor and Lieutenant Governor, for At¬ 
torney General, and for Senators and Delegates to the General Assembly, 
which shall be verified by the oaths of the officers conducting the elec¬ 
tions. 

7. The verified duplicate polls for Governor, Lieutenant Governor and 


I 

Attorney General shall be deposited with the Clerks of the several counties 
and cities, who shall retain one in their respective offices, and transmit the 
other by mail to the Secretary of the Commonwealth. 

8. In the election of Senators and Delegates for districts formed of more 
than one county and city, the officers conducting the same at the court¬ 
houses of the several counties and cities forming each district shall assem¬ 
ble, on the eighth day after the commencement of the said election, at the 
court-house of the county or city first named as one of the counties of the 
district ; shall compare the polls and ascertain the result, and shall deliver 
and return certificates of election according to the laws now in force. 

9. The members of the General Assembly so elected shall meet at the 
Capitol in the city of Richmond on the second Monday in January, in the 
year one thousand eight hundred and fifty-two, and then and there organ¬ 
ize as the General Assembly of Virginia; but before such organization,- 
they shall respectively take the oath of fidelity to the commonwealth, and 
the other oaths of office required by the laws now in force. 

10. The election of members of the General Assembly under this consti¬ 
tution shall vacate the seats of those elected under the present constitution. 

IT. The official terms of the delegates first elected to the General As-' 
sembly under this Constitution shall expire on the thirtieth day of June,- 
in the year one thousand eight hundred and fifty-three. 

12. The official terms of the first Governor, Lieutenant Governor and At¬ 
torney General elected under this constitution shall expire on the thirty-first 

day of December, in the year one thousand eight hundred and fifty-five. 

13. The present Judges of the Supreme Court of Appeals and of the 
Circuit Courts, and their successors, who may be appointed under the exist¬ 
ing constitution, shall remain in office until such time as the law may pre¬ 
scribe for the commencement of the official terms of the Judges under the 


J ■ 

40 

Amended constitution, and no longer ; which time shall not be more than 
six months after the termination of the first session of the General Assem¬ 
bly under the amended constitution. 

14. The Executive department of the government shall remain as at 

i 

present organized ; and the Governor and Councillors of State, and their 
successors appointed under the existing constitution, shall continue in 
office until a Governor elected under this constitution shall be quali¬ 
fied ; and all other persons in office when this constitution is adopted, 
except as is herein otherwise expressly directed, shall continue in office 
until their successors are qualified ; and vacancies in office, happening 
before such qualification, shall be filled in the manner now prescribed 
by law. 

15. All the courts of justice now existing shall continue with their 
present jurisdiction until and except so far as the judicial system may 
or shall be otherwise organized; and all laws in force w r hen this con¬ 
stitution is adopted, and not inconsistent therewith, and all rights 3 
prosecutions, actions, claims and contracts, shall remain and continue 
as if this constitution was not adopted. 

16. The General Assembly shall pass all laws necessary for carrying 
this constitution into full effect and operation. 

Done in Convention, in the city of Richmond, on the first day of 
August, in the year of our Lord one thousand eight hundred 
and fifty-one, and in the seventy-sixth year of the commonwealth 

of Virginia. 

JOHN Y. MASON, 

Pres’t of the Convention* 

S. D. WHITTLE, 

Secretary of the Convention, 


























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